Court No. - 41
Case :- APPLICATION U/S 482 No. - 6778 of 2019 Applicant :- Julfikar And 6 Ors Opposite Party :- State Of U.P. And 4 Ors Counsel for Applicant :- Subhash Chandra Pandey 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.
The instant application has been filed seeking quashing of the entire proceedings of Case No. 10851 of 2016, under sections 147,148,149,324,323 I.P.C., Police Station-Tanda, District-Rampur, arising out of case crime no. 691 of 2015, in respect of the chargesheet no. 40 of 2016, dated 29-01-2016, pending before the learned Chief Judicial Magistrate,Rampur and cognizance order dated 06-12-2016 endorsed upon the chargesheet.
Learned counsel for the applicants submit that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No. 4 to the application.
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 application 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 applicants to approach this Court again for quashing of the proceedings.
For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 21.2.2019 AKS (Vivek Chaudhary, J.)