Court No. - 49
Case :- APPLICATION U/S 482 No. - 46275 of 2018 Applicant :- Mantu Mishra Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Daya Shanker Yadav 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 S.T. No. 177 of 2018 (State Vs. Mantu Mishra) arising out of case crime no. 185 of 2017 under Section 354, 323, 504, 506 IPC and 7/8 POCSO Act pending before Additional District Judge Room No. 12 POCSO Act, Allahabad including the charge sheet no. 49 of 2018 dated 5.2.2018 submitted by investigating officer of Police Station Nawabganj, District Allahabad and N.B.W order dated 9.10.2018 passed by Additional District Judge Room No. 12, POCSO Act, Allahabad. 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.)