Court No. - 67
Case :- APPLICATION U/S 482 No. - 11796 of 2019 Applicant :- Devendra Kumar And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vikas Tiwari Counsel for Opposite Party :- G.A.,Indra Mohan Singh
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants, private opposite party, learned AGA and perused the record.
By means of the present application, the applicants have prayed for quashing of the entire criminal proceedings rolling in Complaint Case No. 1921 of 2007 (Ram Shankar v. Devendra Kumar and others), under sections 323, 452 and 506 IPC, P.S. Chakar Nagar, District Etawah pending in the court of the II-Judicial Magistrate, Etawah in the light of compromise taken place between the rival parties.
Submission made by both the counsel of the rival parties that the applicants are facing trial in the aforesaid offence since the year 2007 but now the parties have come to terms sinking off their differences and disputes. In this regard, copy of the compromise affidavit has been filed as annexure 8 to the petition.
Let applicants as well as opposite party no. 2 Ram Shankar @ Chhote Lal may appear before the court of learned Magistrate concerned on or before 15th May, 2019 and file a fresh compromise deed/affidavit. If such an application along with a fresh compromise deed/affidavit is filed, the learned Magistrate would take into consideration the to the covenants and signatures, as the sections are compoundable in nature, within a week thereafter copy of the same may be filed before this Court through supplementary affidavit along with the order of the court concerned in the matter by the date fixed.
List this matter on 20th May, 2019.
Till next date of listing, no coercive action shall be taken against the applicants namely, Devendra Kumar, Ansul Kumar @ Ramu, Smt. Ram Kumari and Shivendra in Complaint Case No. 1921 of 2007 (Ram Shankar v. Devendra Kumar and others), under sections 323, 452 and 506 IPC, P.S. Chakar Nagar, District Etawah pending in the court of the II- Judicial Magistrate, Etawah.
Order Date :- 25.4.2019 shailesh