Court No. - 1
Case :- APPLICATION U/S 482 No. - 9664 of 2018 Applicant :- Shamsher Singh And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Pradeep Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Pradeep Kumar Sharma, learned counsel for the applicants, Sri Mazhar Ullah for the opposite party no.2 and Sri Ashish Pandey, learned A.G.A. for the State and perused the record.
The instant application has been filed seeking quashing of the charge sheet dated 6.5.2017 in Case Crime No. 0289 of 2016, under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P.Act, P.S. Khajuriya, District Rampur pending in the court of learned A.C.J.M., III, Rampur as well as cognizance dated 2.1.2018 on the basis of compromise dated 17.8.2017.
Learned counsel for the applicants submits that the compromise taken place between the parties has already been filed before the court below.
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 :- 29.3.2018 A.K.Srivastava