Court No. - 70
Case :- APPLICATION U/S 482 No. - 27055 of 2019 Applicant :- Pushpendra Kumar And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- K.C. Mishra Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Supplementary affidavit dated 28.7.2019 has filed on behalf of the applicants, which is taken on record.
Heard learned counsel for the applicants and the learned A.G.A. for the State and learned counsel for the opposite party no.2 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the entire proceedings of Criminal Case No. 18640 of 2018 (State of U.P. vs.Pushpendra Kumar and others) arising out of Case Crime No. 0049 of 2018, under Sections 498-A, 323, 504 IPC, police station Ganganagar, district Meerut pending in the court of Judicial Magistrate-II, Meerut.
Learned counsel for the applicants submitted that the parties concerned have entered into a compromise. The compromise dated 25.7.2019 has been executed and the same has been filed with the supplementary affidavit dated 28.7.2019.
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. Applicants are permitted to file compromise application before the concerned court below within three weeks.
Accordingly, this application 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 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 applicants in the aforesaid case.
Order Date :- 30.7.2019 Sumaira