Court No. - 72
Case :- APPLICATION U/S 482 No. - 30184 of 2018 Applicant :- Santosh Kumar Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ravindra Prakash Srivastava,Jagadish Prasad Yadav Counsel for Opposite Party :- G.A.,Pradeep Kumar Tiwari
Hon'ble Rajiv Joshi,J.
Short counter affidavit filed today on behalf of O.P. No.2 is taken on record.
Heard Shri J.P. Yadav, learned counsel for the applicant, learned A.G.A. for the State and Shri Pradeep Kumar Tiwari, learned counsel for O.P. No.2.
This application under Section 482 CrPC has been filed to quash the proceedings of Case No.5855 of 2018-State Vs. Santosh Kumar (arising out of Case Crime No.406 of 2017), under Sections 419, 420, 406 IPC, PS Kotwali, District Azamgarh pending in the Court of Chief Judicial Magistrate, Azamgarh.
It is contended by learned counsel for the parties that the matter had already been settled between the parties, but Notary Affidavit has been filed by O.P. No.2.
The compromise cannot be entertained on the basis of Notary Affidavit. Parties are directed to appear before the court concerned and file compromise and the magistrate after verification of the compromise shall pass appropriate order in accordance with law.
With the aforesaid direction, the application is disposed of. Order Date :- 26.7.2019 T. Sinha