Court No. - 52
Case :- APPLICATION U/S 482 No. - 6328 of 2018 Applicant :- Nirj Singh @ Niraj Singh And 3 Ors Opposite Party :- State Of U.P.
Counsel for Applicant :- Subodh Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Subodh Pandey, learned counsel for the applicants, Sri Jyoti Kumar Singh, Advocate has filed his Vakalatnama on behalf of opposite party nos.2 to 5, learned A.G.A. for the State and perused the record.
The instant application has been filed by the applicants with the prayer to direct the trial Court to grant the leave to both the parties to get their respective cases compounded and further be pleased to stay the proceeding of Crime no.579A of 2011, under Sections 308, 323, 504, 506 IPC, P.S. Ghatampur District Kanpur-Nagar, pending as S.T. No.370 of 2013 before Additional Sessions Judge, Court No.7, Kanpur-Nagar.
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 no.2 to 5 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 to 5.
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 to 5, shall pass suitable orders within eight weeks thereafter in accordance with the provisions of law and the law laid down by the Apex Court in the above noted case.
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 :- 27.2.2018 Hasnain