Court No. - 10
Case :- APPLICATION U/S 482 No. - 13553 of 2018 Applicant :- Nanhey Shah And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vikas Rana Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicants, Sri Bharat Singh, learned counsel for the opposite party no. 2 and learned A.G.A.
The instant application has been filed for quashing the entire criminal proceedings in Case No. 770 of 2012 (State Versus Nanhey Shah and others) in Case Crime No. 436 of 2012, under sections 307 and 506 I.P.C., Police Station-Nawabganj, District Bareilly, pending in the court of Special Judge E.C. Act, Bareilly initiated in pursuance of the impugned charge sheet against the applicant no.1 on 31.08.2012 and against the applicant no. 2 on 19.09.2012 under Sections 307 and 506 I.P.C., P.S. Nawabganj, District Bareilly.
It is submitted that parties have entered into compromise and, therefore, the proceedings of aforesaid case be quashed in terms of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab : (2012) 10 SCC 303.
Whether a compromise has taken place or not can best be ascertained by the court where the proceedings are pending, after ensuring the presence of the parties before it.
List this case after six weeks before the appropriate Bench showing the name of Sri Bharat Singh as counsel for the opposite party no. 2.
Learned counsel for the parties undertake to ensure their presence before the court below or any other transferee court, as the case may be, on 28.05.2018 and the court concerned, thereafter, shall ascertain the veracity of the compromise. If the said compromise is verified, the same shall be made part of the record and report to that effect, will be prepared and the parties would be allowed to obtain certified copy thereof and file the same before this Court.
Office is directed to send through FAX a copy of this order as well as the photocopy of the compromise annexed as Annexure-4 to the application to the court concerned within one week.
Till the next date of listing, if a certified copy of this order is produced before the court below along with the compromise application on 28.05.2018, no coercive steps would be taken against the applicants till verification of the same in accordance with the observations made herein above.
Order Date :- 27.4.2018 K.K. Maurya