Court No. - 52
Case :- APPLICATION U/S 482 No. - 6752 of 2018 Applicant :- Mohan Sahu And Another Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Mohd. Monis Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Mohd. Monis, learned counsel for the applicants, Sri Amarjeet Upadhyay, Advocate has filed his Vakalatnama on behalf of respondent nos.2 & 3 along with short counter affidavit, learned A.G.A. for the State and perused the record.
The instant application has been filed seeking quashing of the entire proceeding of Criminal Case No.6404 of 2016 (State vs. Mohan Sahur and another) arising out of case crime no.225 of 2015, u/s 452, 354B, 323, 504, 506 IPC, Police Station Hathgaon, District Fatehpur.
Learned counsel for the applicants submits that the dispute between the parties has been amicably settled and compromise has taken place between the parties. He further submits that the said compromise was filed before the Court concerned. Learned counsel for the applicants 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 nos.2 & 3 as well as learned AGA submits that the applicants be permitted to appear before the Magistrate who may verify the said compromise from opposite party no.2.
Considering the submissions made by learned counsel for the parties, the applicants are directed to file an application within eight weeks from today before the court concerned for deciding the compromise between the parties. Learned Magistrate after verifying the compromise from opposite party no.2 & 3, shall pass suitable orders within eight weeks thereafter in accordance with the provisions of law.
Till the verification of the aforesaid compromise, 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 :- 28.2.2018 Hasnain