Court No. - 49
Case :- APPLICATION U/S 482 No. - 46862 of 2018 Applicant :- Sachin And Anr.
Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Vishnu Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State and perused the record.
The instant application has been filed seeking quashing of the entire proceedings of Case No. 260 of 2016, Case Crime No. 170 of 2016(State Vs. Dev Raj Singh & Others), under sections 120-B, I.P.C., Police Station-Bilari, District-Moradabad, pending in the court of Additional District Judge IX, Moradabad and also quashing the chargesheet no. 01/2016 issued on 08-05-2016, under section 120-B, I.P.C., Police Station-Bilari, District-Moradabad in Case No. 260 of 2016, Case Crime No. 170 of 2016, Police Station-Bilari, District-Moradabad.
Learned counsel for the applicants submit that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court.
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.
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 :- 21.12.2018 AKS (Vivek Chaudhary,J.)