Learned counsel for the applicants, learned A.G.A. for the State as well as learned counsel for the opposite party No.2 are present. Shri Ambrish Kumar Dubey, learned counsel for opposite party No.2, has submitted Vakalatnama today, which is kept on record.
This petition under Section 482 Cr.P.C. has been filed for quashing of the impugned charge-sheet No.A-145/2018, dated 29.05.2018, relating to Case Crime No. 123/2018, under Sections 452, 323, 504, 506, 427 IPC, Police Station Piparpur, District Amethi. A further prayer has also been made for quashing of the summoning order dated 23.12.2019, passed by learned Additional Chief Judicial Magistrate, Room No.21, Sultanpur in Criminal Case No.2528 of 2020 (State Vs. Deepak Pandey and others).
Learned counsel for the applicants has submitted that in the present case applicants have challenged the charge sheet and summoning order. Applicants have also lodged an F.I.R. against opposite party No.2 under Sections 143, 341, 506 IPC as cross case. Opposite party No.2 also assailed the aforesaid F.I.R. and approached this Court by filing a petition under Section 482 Cr.P.C. bearing No.2829 of 2020 for quashing of the charge-sheet. The above case was disposed of vide order dated 12.01.2021, by a co-ordinate bench of this Court. The court has referred the compromise before the trial court to verify the same in accordance with law. The verification of the said compromise in concerned case is still pending.
Learned counsel for the applicants has further submitted that in the present case also the compromise has been filed and vide order dated 25.11.2020, the compromise was referred to the Senior Registrar for its verification on 09.12.2020. But on 09.12.2020, an accident had occurred when the parties were coming to court for taking part in the proceedings. The parties could not reach before the Senior Registrar.
Learned counsel has submitted that since the compromise deed is pending for verification before the trial court, hence the compromise in the present case be also sent to the trial court for its verification on the same date, which will facilitate to the parties. Learned counsel for the opposite party No.2 and learned A.G.A. have not made any objection.
In view of the above, it is directed that both the parties will appear before the court concerned and present the compromise deed for verification, on the date fixed in the matter and the court concerned is directed to pass appropriate order regarding verification of compromise deed in accordance with law.
Parties may take a certified copy of the verification order of the trial court and may again approach this Court for quashing of the charge sheet.
Office is directed to return original compromise deed to the counsel for the applicants in accordance with law.
The petition under Section 482 Cr.P.C. is disposed of accordingly.
Order Date :- 19.2.2021 ML/-