Court No. - 79
Case :- APPLICATION U/S 482 No. - 24296 of 2021 Applicant :- Ram Niwas And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Tripathi Counsel for Opposite Party :- G.A.,Annapurna Devi
Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant, learned counsel for the opposite party No.2, learned A.G.A. for the State and perused the record.
The instant application has been filed for quashing charge sheet no. 3A of 2009 dated 22.1.2009 and Charge Sheet No. 3-B of 2009 dated 12.4.2009 as well as cognizance order dated 4.5.2009 as well as proceedings of S.T. No. 09 of 2012 in Case Crime No. 34-A of 2009, under Sections 323, 324, 325, 308, 504 and 506 IPC, Police Station Golhaura, District Siddharth Nagar.
Learned counsel for the applicants submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.9 to the application.
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 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.
For a period of one month, no coercive action shall be taken against the applicant in the aforesaid case.
Order Date :- 22.12.2021 A.P. Pandey