Court No. - 49
Case :- APPLICATION U/S 482 No. - 46337 of 2018 Applicant :- Pramod Kumar Prajapati Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinod Kumar Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the petitioners, and the learned A.G.A. for the State and perused the record.
This petition is filed by the petitioner for quashing entire proceedings of S.T. No.818 of 2011 State Vs. Pramod Kumar Prajapati, Case Crime No.169 of 2011 under Section 307 IPC PS Lohta distt. Varanasi, Court of Special Judge Prevention of Corruption (U.P.S.E.B.)/Sixth Addl. Distt. and Sess. Judge, Varanasi.
Learned counsel for the petitioner submits that parties 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 petitioner in the aforesaid case.
Order Date :- 19.12.2018 RajneeshDR) (Vivek Chaudhary, J.)