This application under section 482 of Cr.P.C. has been filed with a prayer to quash the proceedings of case No. 1169 of 2009 (State Vs. Girish Mehta and others) under sections 406,419,420,506 IPC, P.S. Bhelupur, District Varanasi. It has further been prayed that till the disposal of the application, the proceedings of the above said case may be stayed. Learned counsel for the applicants argued that a memorandum of understanding has been executed between the complainant and the accused persons on 13.10.2009. In that memorandum the complainant Saurabh has undertaken to file an affidavit in the proceedings to be taken before the Allahabad High Court in regard to the F.I.R. that has been lodged by Saurabh and others in District Varanasi. The applicant's contention is that since the parties have compromised the matter, hence the charge-sheet of the said case may be quashed.
I considered over the above matter.
The application is admitted.
Issue notice to the opposite party No.2 returnable at an early date. The applicants shall take steps by the registered post within one week. Opposite party No. 2 shall file counter affidavit within three weeks after service of the notice.
The notice has already been received by the learned AGA and the learned AGA also may file counter affidavit in the intervening period. The case may be listed thereafter before the appropriate Bench. In the meantime the proceedings of criminal case No. 1169 of 2009 (State Vs. Girish Mehta and others) pending in the court of A.C.J.M. IInd, Varanasi shall remain stayed till the next date of listing.
Order Date :- 18.1.2010 Salim