Court No. - 52
Case :- APPLICATION U/S 482 No. - 7225 of 2019 Applicant :- Saquib And 12 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sheikh Obaidullah Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Short counter affidavit filed by Sri Tauseef Khan on behalf of opposite party no.2 is taken on record.
Heard Sri Sheikh Obaidullah, learned counsel for the applicants and the learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the criminal proceedings of Case No. 8724 of 2018 (State Vs. Saquib and others), arising out of Case Crime No.191 of 2015, under Sections 147, 294, 323, 504, 506 I.P.C. and Section 3(1)(X) S.C/S.T. Act, P.S. Saraimeer, District Azamgarh, pending in the court of Chief Judical Magistrate, Azamgarh as well as charge-sheet dated 2.3.2016 and cognizance order dated 20.12.2018.
Submission of the learned counsel for the parties has stated that the applicants and opposite party no.2 reside in the same village and on account of interference of several respectable persons of the society the parties have settled their dispute on their own terms and entered into compromise; copy of the compromise dated 6.2.2019 has been annexed as Annexure-4 to the affidavit. Learned counsel for the applicants states that they propose to file a joint compromise affidavit of the applicants, informant and all the four injured persons before the trial court and, therefore, the court below be directed to pass appropriate orders after due verification of the compromise.
In my opinion, since the matter pertains to private dispute and the parties have entered into compromise and they propose to file joint compromise before the trial court, I direct the parties to file compromise before the court below within one month. The trial court shall verify the compromise filed by both the parties and after affording proper opportunity of hearing to the both sides and after due verification decide the compromise in accordance with law within one month thereafter.
A copy of this order be certified to the lower court forthwith.
For a period of three months no coercive steps shall be taken against the applicants.
In view of above, the application stands disposed of.
Order Date :- 28.2.2019 Vikas