Court No. - 1
Case :- APPLICATION U/S 482 No. - 25032 of 2018 Applicant :- Satte @ Satyapal And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sudhir Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Sri Jitendra Kumar Kesarwani, Advocate has filed his power on behalf of the opposite party no.2, which is taken on record.
Heard Sri Sudhir Kumar, learned counsel for the applicants, Sri Jitendra Kumar Kesarwani, learned counsel for the opposite party no.2 and Sri G.P. Singh, learned A.G.A. for the State and perused the record.
The instant application has been filed seeking quashing of the charge sheet dated 20.7.2010, cognizance order dated 23.9.2010 and entire prosecution u/s 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, pending before CJM, Baghpat in case no.4551 of 2017, arising out of case crime no.189 of 2010.
Learned counsel for the applicants submits that the applicant no.1 is the husband of daughter of opposite party no.2. It is stated that though the applicant had filed earlier 482 Cr.P.C. Application No.39277 of 2010 in which matter was referred to Mediation Centre but no compromise could be entered between the parties and subsequently the parties have amicably settled their dispute before the court below as it appears from page 21 of the present application.
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 has already 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 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 :- 25.7.2018 Gaurav