Court No. - 79
Case :- APPLICATION U/S 482 No. - 26044 of 2021 Applicant :- Nalnish Kumar Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suraj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Heard learned counsel for the parties and perused the record.
The present application has been filed with the prayer to quash the entire proceedings of Case No.9820 of 2021 (State vs. Nalnish Singh and Others), arising out of Case Crime No.222 of 2020, under Sections 498-A, 323, 506 I.P.C. and Sections 3/4 of D.P. Act, Police Station Manduadeeh, District Varanasi, pending in the court of Judicial Magistrate-II, Varanasi, along with the further prayer to stay the further proceedings of the 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 01.11.2021 (photocopy of the same is appended as annexure No.4 to the application).
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/-