Court No. - 52
Case :- APPLICATION U/S 482 No. - 9947 of 2018 Applicant :- Rinku Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Prem Chandra Dwivedi, learned counsel for the applicants and Sri Rajiv Kumar Pandey, learned counsel for the opposite party no.2, learned A.G.A. for the State-opposite party no.1 and perused the material placed on record.
This application under Section 482 Cr.P.C. has been filed for quashing entire proceeding on the basis of compromise in Case Crime No.757 of 2017, under Section 326-A IPC, P.S. Etmadddula, District Agra, pending in the court of Additional Chief Judicial Magistrate-7th, Agra.
The submission of learned counsel for both the parties is that the parties have settled their dispute and have arrived at a compromise and in view of compromise the proceedings impugned in this application may be quashed. Learned counsel further submits that on account of some of the sections being non-compoundable, the trial court is handicapped to quash the proceedings based on compromise. However, in my opinion since the matter pertains to a private dispute and the compromise have already filed and without verifying the authenticity of the affidavit filed by the opposite party no.2, it would not be proper to pass any such order right now.
Therefore, I direct the concerned court to verify the compromise, if it is filed, or has already been filed by the applicants and accused and after affording proper opportunity of hearing to the both sides and due verification in case the parties have compromised the matter then the court will be at liberty to quash the proceedings in view of law laid by Hon'ble Apex Court in the case of Gian Singh vs State Of Punjab and another in Special Leave Petition (Crl) No.8989 of 2010 decided on 24 September, 2012.
For a period of two months no coercive steps shall be taken against the applicants. In view of above, the application stands disposed of.
A copy of this order be certified to the lower court forthwith.
Order Date :- 29.3.2018 MN/-