Called on.
Learned counsel Sri Anagh Misra, Advocate on behalf of the applicants and learned Additional Government Advocate for the State are present.
Sri Devendra Kumar Rai, Advocate has put in appearance on behalf of opposite party no. 2. His power is taken on record. Office is directed to duly registered the same and place on record of the case.
The present application under Sections 482 Cr.P.C. has been filed on behalf of the applicants for quashing of the Complaint Case No. 2750 of 2013 (Madhuri Singh Vs. Shubhash L. Darak and Others), pending in the court of Addl. Chief Judicial Magistrate-II, room no. 26, Lucknow in the light of settlement entered into between the parties, as well as summoning order dated 06.04.2015, contained as Annexure no. 5 and order dated 30.10.2017, contained as Annexure no. 6 to the application and to quash the order dated 24.10.2019, contained as Annexure no. 12 to the application.
Learned counsel for the applicants submitted that the applicant nos. 1 & 2 and opposite party no. 2 have amicably settled their dispute and resultantly, a compromise has arrived between them dated 02.02.2021. The same is annexed as Annexure no.13 in the application.
Since the parties have, in fact, compromised the matter or not, can best be ascertained by the court below, before which, the case is pending, therefore the compromise has to be duly verified in presence of the parties concerned before the court below itself.
Accordingly, the petition is disposed of with direction to the learned court below (Addl. Chief Judicial Magistrate-II, room no. 26, Lucknow) that if any such compromise is filed before it, it shall issue notice to all its signatories requiring their personal presence and, thereafter, proceed to verify the compromise in accordance with law within 30 days from the submission of compromise before it.
If the aforesaid compromise is verified, a report to that effect shall be endorsed by the Court on the order sheet of the case and the compromise will be made part of the record. The Court, thereafter, will allow the parties to obtain certified copy.
The learned Court below to consider the compromise to dispose of the case in the light of compromise between the parties.
If the case is not covered with Section 320 Cr.P.C. for disposal on the basis of compromise, the applicants are at liberty to approach this Court again alongwith report of learned court below and compromise, duly verified by the court concerned.
No coercive action against the present applicants shall be taken till the verification of compromise by the court concerned.
Order Date :- 23.2.2021 kkv/