Court No. - 53
Case :- APPLICATION U/S 482 No. - 22863 of 2018 Applicant :- Pratap And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abhishek Gupta Counsel for Opposite Party :- G.A.,Deepak Kumar Pal
Hon'ble J.J. Munir,J.
Heard Sri Abhishek Gupta, learned counsel for the applicant, Sri Shekhar Gangal, Advocate holding brief of Sri Deepak Kumar Pal, learned counsel for the opposite party no. 2 and learned A.G.A. on behalf of the State.
It is said that the parties have compromised and have filed a joint affidavit dated 09.07.2018, asserting therein that a compromise has taken place between the applicants and opposite party no. 2 and the matter has been amicably settled between the parties.
Sri Shekhar Gangal, Advocate holding brief of Sri Deepak Kumar Pal, Advocate has put in appearance on behalf of the opposite party no. 2 and supports the aforesaid fact of compromise. He submits that he has no objection if the impugned prosecution is quashed.
However, both the learned counsel submit that though they are all in favour of a compromise, the Magistrate does not have the power to drop the proceedings on the basis of compromise between the parties as some of the offences involved are not compoundable.
Learned Magistrate is directed to verify the compromise and after identification of the parties shall issue a copy of the duly verified compromise and the order passed by him verifying the compromise to the parties which shall be filed by either of the parties before this Court by the date fixed.
Learned A.G.A. will seek instruction in the matter and file a counter affidavit within four weeks.
List immediately after four weeks.
Till the next date of listing, no coercive action shall be taken against the applicants in Case No. 22755 of 2016 (State vs. Pratap and others) arising out of Case Crime No. 122 of 2016, under Sections 420,406,448,506 I.P.C., Police Station- Phase-2, District-Gautam Budh Nagar pending in the court of Additional Chief Judicial Magistrate-3, Gautam Budh Nagar.
Order Date :- 26.7.2018,BKM/-