Court No. - 49
Case :- APPLICATION U/S 482 No. - 47139 of 2018 Applicant :- Roshan Lal Lekhpal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
This application is filed by the petitioners for staying the entire proceedings arising out of Charge sheet no. Nil/1994 dated 18.11.1994 in Criminal Case No.447 of 1999 Case Crime No. Nil of 1994, under Sections 147, 148, 149, 307, 336, 324 IPC, P.S. Hathras Gate, District Hathras pending in the court of Chief Judicial Magistrate, Hathras.
Submission of the petitioner is that the parties already submitted their compromise application on 14.11.2018 before the court below, however, no order has been passed on the same.
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 has been 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 petitioners 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 :- 21.12.2018 Radhika (Vivek Chaudhary, J.)