Court No. - 52
Case :- APPLICATION U/S 482 No. - 41753 of 2018 Applicant :- Mafizul Husain And 3 Others Opposite Party :- State Of Up And Anotehr Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Pankaj Sharma,Prashant Sharma,learned counsels for the applicants,Sri Ajay Singh Senger, learned counsel for the respondent no.2, learned A.G.A. for the State and perused the record.
The instant application has been filed seeking quashing of Case No. 1736 of 2014 as well as Case No.671 of 2009 (State Versus Mafizul Husain and others) under Sections 323, 504 and 324 I.P.C., Police Station Naugaon Sadat, District Amroha, pending before Chief Judicial Magistrate, Amroha.
Learned counsel for the applicants submits that the dispute between the parties has been amicably settled and compromise has taken place between the parties. The copy of the compromise deed dated 19.12.2017 has been annexed as Annexure-7 to the affidavit. He further submits that the said compromise was filed before the Court concerned. Learned counsel for the applicant has placed reliance on the judgement of the Apex Court in the case of Narinder Singh & ors. Vs. State of Punjab and anr. reported in (2014) 6 SCC 466.
Learned counsel for respondent no.2 as well as learned AGA submit that compromise deed is pending before the Magistrate who may verify the said compromise from opposite party no.2.
Considering the submissions made by learned counsel for the parties, learned Magistrate is directed to verify the compromise from opposite party no.2 and pass suitable orders within three months weeks thereafter in accordance with the provisions of law.
For a period of three months, no coercive action shall be taken against the applicants in the aforesaid case.
With the aforesaid observations/directions, the application stands disposed of.
Order Date :- 28.11.2018 MN/-