Court No. - 1
Case :- APPLICATION U/S 482 No. - 24878 of 2018 Applicant :- Smt. Jyoti Arya And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shiv Raj Singh Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard S.R. Singh, learned counsel for the applicants, Sri N.K. Tiwari, for the opposite party no.2 and the learned A.G.A. for the State and perused the record.
The instant application has been filed seeking quashing of the proceeding of Case No.1331 of 2018 arising out of case crime no. 1119 of 2017 under sections 323, 504, 506, 324 I.P.C., police station Friends Colony, district Etawah as well as charge-sheet dated 13.2.2018 submitted in the aforesaid case on the ground that the parties have entered into a compromise.
Learned counsel for the applicant submits that the compromise taken place between the parties has already been filed before the court below.
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 has already been 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.
Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicant in the aforesaid case.
Order Date :- 25.7.2018 Shiraz