Court No. - 1
Case :- APPLICATION U/S 482 No. - 25027 of 2018 Applicant :- Surendra And 3 Ors Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Sri Yogendra Pal Singh, Advocate has filed his power on behalf of the opposite party no.3, which is taken on record.
Heard Sri S.K. Singh, learned counsel for the applicants, Sri Yogendra Pal Singh, learned counsel for the opposite party no.3 and Sri G.P. Singh, learned A.G.A. for the State and perused the record.
The instant application has been filed with the prayer for quashing the charge sheet dated 17.8.2016 as well as entire proceeding of criminal case no.695 of 2017, arising out of case crime no.204 of 2016, u/s 323, 325, 324, 504 IPC, P.S. Naugawa Sadat, district Amroha pending before CJM, Amroha.
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 :- 25.7.2018 Gaurav