Court No. - 49
Case :- APPLICATION U/S 482 No. - 10481 of 2018 Applicant :- Maulana Yunus And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed with a prayer to quash the charge sheet no. 165 of 2017 dated 20.7.2017 (State Vs. Maulana Yunus and others), arising out of Case Crime No. 203 of 2017, under Sections 323, 406, 420, 504, 506 IPC, Police Station Deedauli, District Amroha, pending in the Court of Chief Judicial Magistrate, Amroha and further proceeding in Case No. 4795 of 2017.
Learned counsel for the applicants states that earlier FIR had been lodged against the applicants owing to certain misunderstanding and misgiving between the parties and with passage of time the parties have been able to resolve their misunderstanding and differences.
It has been submitted that the disputes arose between the parties over some money transactions and the applicants have returned to the opposite party no.2 entire money claimed by her, to her satisfaction. In support of such averment, a joint affidavit of the applicants and the opposite party no.2 has been filed alongwith this application.
In view of the said averment being made, the present 482 Cr.P.C. application is disposed of with a direction, in any case the applicants and the opposite party no.2 or either of them file an application before the learned Court below alongwith a written compromise entered into between them, the learned Court below shall proceed to first seek verification of the same and pass an appropriate order on such application within a period of two weeks from today, alongwith certified copy of this order.
The aforesaid exercise may be completed within a period of two months from the date of filing of such application. For a period of three months, no coercive action shall be adopted against the applicants in the pending proceedings.
The applicants shall further liberty to file afresh application for the same relief upon compromise entered into between the parties being verified by the learned Court below.
Order Date :- 30.3.2018 Mini