Court No. - 49
Case :- APPLICATION U/S 482 No. - 47026 of 2018 Applicant :- Faisal Anees And 10 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abrar Ahmad Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the applicants, and the learned A.G.A. for the State and perused the record.
This application is filed by the applicants for quashing charge sheet dated 30.4.2016 and cognizance order dated 24.11.2016 and entire proceedings of Case No.12913 of 2016, arising out of Case Crime No.391 of 2015 ("State v Faisal Anees and others") under sections 147, 148, 149, 307, 323 IPC Police Station Kotwali, District-Bareilly. Learned counsel for the applicants submit that petitioners have amicably compromised their dispute, therefore, the aforesaid case may be decided in terms of the compromise between the parties.
Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below as such compromise has to be duly verified in presence of the parties concerned before the Court.
Accordingly, this petition is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the petitioners to approach this Court again for quashing of the proceedings.
Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 21.12.2018 Harshita