Court No. - 49
Case :- APPLICATION U/S 482 No. - 46291 of 2018 Applicant :- Lokesh Chandra And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anjani Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the petitioners, and the learned A.G.A. for the State and perused the record.
This petition is filed by the petitioners for quashing entire proceedings of Criminal Case No. 2733 of 2015 (State Vs. Lokesh Chandra and others) arising out of case crime no. 83 of 2014 under Section 498-A, 504, 506 IPC and 3/4 D.P. Act, Police Station Cholapur District Varanasi pending in the court of First Addi. Chief Judicial Magistrate, Varanasi as well as charge sheet no. 135 of 2014 dated 25.8.2014 as well as cognizance order dated 12.8.2015 taken by first Addi. Chief Judicial Magistrate, Varanasi, In criminal Case No. 2733 of 2015 ( State Vs. Lokesh Chandra and others). Learned counsel for the petitioners submits 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 petitioners in the aforesaid case.
Order Date :- 19.12.2018 N.A.
(Vivek Chaudhary,J.)