Court No. - 79
Case :- APPLICATION U/S 482 No. - 18241 of 2021 Applicant :- Rana Pratap Tripathi And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Affidavit filed by Mr. Raj Kumar Singh, learned counsel for the opposite party No.2 is taken on record.
Heard learned counsel for the parties and perused the record.
The present application has been filed with the prayer to quash the further proceeding of charge sheet dated 03.07.2019 as well as cognizance order dated 27.08.2020 in Case No.3086 of 2020 (State vs. Krishna Murari and Others) arising out of Case Crime No.435 of 2019, under Sections 147, 323, 504, 506, 452, 308 I.P.C., P.S. Kotwali, District Maharajganj, pending before learned Chief Judicial Magistrate, Maharajganj, along with the further prayer to stay the further proceedings of the aforesaid charge sheet dated 03.07.2019 as well as cognizance order dated 27.08.2020 during the pendency of the present application.
Learned counsel for the applicants submits that the parties have amicably settled their dispute and joint affidavit of the same has been filed by them before this Court (copy of the joint affidavit is appended from page No.1-6 to the affidavit dated 14.09.2021 filed by the learned counsel for the opposite party No.2) and they do not want to further proceed in the matter.
Learned counsel for the opposite party No.2 submits that opposite party No.2 does not to prosecute the applicants and a joint affidavit of the same has been filed by the parties.
Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the Court below itself.
Accordingly, the application is disposed of with direction to the court concerned that if any such compromise is filed before it, it shall issue notice to all its signatories 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 four weeks, no coercive action shall be taken against the present applicants.
Order Date :- 20.12.2021 S. Shivhare/-