Court No. - 49
Case :- APPLICATION U/S 482 No. - 45749 of 2018 Applicant :- Mohd. Arif And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashish Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
(Cri. Misc. Correction Application No. 1 of 2018: Application for Correction in the Order dated 17.12.2018) Heard learned counsel for the petitioners, and the learned A.G.A. for the State and Sri Haider Ali for respondent no. 2 and perused the record.
This petition is filed by the petitioners to stay further proceedings of Case No. 8824 of 2018 State Versus Mohd. Arif and others arising out of Case Crime No. 470 of 2017 under sections 498-A,323,504,506 I.P. C. and section 3/4 of Dowry Prohibition Act P.S. Signa district Varanasi pending in the court of Chief Judiical Magistrate, Varanasi. 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 :- 20.12.2018/Md Faisal