Court No. - 79
Case :- APPLICATION U/S 482 No. - 22132 of 2018 Applicant :- Mohd. Shafiq @ Haji Nause And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bal Ram Gupta,Deepak Singh Counsel for Opposite Party :- G.A.,Sharique Ahmed
Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicants as well as learned A.G.A. and perused the record.
The present application has been filed with a prayer to quash the charge sheet dated 05.11.2017 as well as entire criminal proceeding of Case No.22710 of 2018 arising out of N.C.R. No. 45/17 (State vs. Mohd. Safiq), under Sections 504, 506, 323 I.P.C., Police Station Bekanganj, District Kanpur Nagar, pending in the court of A.C.J.M.-IX, Kanpur Nagar in terms of compromise dated 07.03.2020, along with the further prayer to stay the further proceedings of aforesaid case during the pendency of the present application.
Learned counsel for the applicant submits that the parties have amicably settled their dispute and a compromise has been arrived between them dated 07.03.2020 (Photocopy of the same is appended as annexure No.1 with the affidavit dated 11.09.2020 filed by learned counsel for the applicant).
Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the Court below itself.
Accordingly, the application is disposed of with direction to the court concerned that if any such compromise is filed before it, it shall issue notice to all its signatories 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 applicants to approach this Court again for quashing of the proceedings.
For a period of six weeks, no coercive action shall be taken against the present applicants.
Order Date :- 21.12.2021 S. Shivhare/-