Court No. - 49
Case :- APPLICATION U/S 482 No. - 46165 of 2018 Applicant :- Praveen Kumar Opposite Party :- State Of Up And Another Counsel for Applicant :- Ramesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Connect and list with the Cri. Misc. Application No. 4107 of 2016.
Heard learned counsel for the applicant, and the learned A.G.A. for the State and perused the record.
This petition is filed by the applicant for quashing entire proceedings of Criminal Case No. 7086 of 2015 in pursuance of Charge Sheet No. 160 of 2015 dated 7.7.2015 arising out of in Case Crime No. 108 of 2015 under Sections 498-A, 323, 504, 506 of I.P.C., and 3/4 D.P. Act, P. S. Mahila Thana, Distt. Ghaziabad, pending in the Court of A.C.J.M., Court No. 8, Ghaziabad. Learned counsel for the applicant submits that applicant has amicably compromised his 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 applicant 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 :- 20.12.2018 Md Faisal