Court No. - 49
Case :- APPLICATION U/S 482 No. - 46667 of 2018 Applicant :- Shivam Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shailendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the applicant, and the learned A.G.A. for the State and perused the record.
This application is filed by the applicant for quashing the summoning order dated 17.09.2018 passed by the Additional Chief Judicial Magistrate, Court No.1, Mainpuri in State Case No.3758 of 2018 (State Vs. Shivam), Case Crime No.252 of 2015, under Sections 307 and 504 IPC, P.S.- Bewar, District Mainpuri pending before Additional Chief Judicial Magistrate, Mainpuri. Learned counsel for the applicants submits that applicants 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 application 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 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 :- 20.12.2018 Radhika (Vivek Chaudhary,J.)