Court No. - 41
Case :- APPLICATION U/S 482 No. - 6781 of 2019 Applicant :- Santosh Kumar Dwivedi And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sushil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the petitioners, and the learned A.G.A. for the State and perused the record.
This petition is filed by the petitioners for quashing entire proceedings of S.T. No.48 of 2017 including chargesheets dated 2.6.2001 (State Vs. Santosh Kumar Dwivedi and another under Section 323, 506 IPC and Section 3 (1) X SC/ST Act Case crime No.398 of 2000 of PS Kalpi distt. Jalaun at Orai in the Court of Addl. Sess. Judge-II, Jalaun at Orai.
A compromise dated 21.12019 is filed supported by affidavit. The same is signed by Rajendra son of Mewalal informant as well as Santosh Kumar Dwivedi son of Ram Sanehi and Om Prakash Pathak son of Shiv Narain.
Learned counsel for the petitioners submits that petitioners have amicably compromised their dispute, therefore, the aforesaid case may be decided in terms of the compromise between the parties.
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 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 petitioners to approach this Court again for quashing of the proceedings.
For a period of one month, no coercive action shall be taken against the petitioners in the aforesaid case.
Order Date :- 22.2.2019 RajneeshDR) (Vivek Chaudhary, J.)