Court No. - 1
Case :- APPLICATION U/S 482 No. - 9072 of 2018 Applicant :- Pramod And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Sri Ashish Mishra has filed vakalatnama on behalf of opposite party no. 2 which is taken on record.
Heard Sri S.K. Tiwari, learned counsel for the applicants, Sri Ashish Mishra, learned counsel for the opposite party no. 2, Sri I.P. Srivastav, learned A.G.A. for the State and perused the record.
The instant application has been filed seeking quashing of the charge-sheet dated 25.7.2017 as well as cognizance order dated 25.10.2017 passed in case no. 5106 of 2017 arising out of case crime no. 86 of 2017 under sections 354, 323, 342, 376 I.P.C., police station Behsuma, District Meerut on the ground that the parties have entered into a compromise.
Learned counsel for the applicant submits that the compromise taken place between the parties has already been filed before the court below.
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 application is disposed of with a direction to the court concerned that if any such compromise has already been 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 applicants 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 applicant in the aforesaid case.
Order Date :- 29.3.2018 Shiraz