Court No. - 49
Case :- APPLICATION U/S 482 No. - 46730 of 2018 Applicant :- Tasveer And 3 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Subhash Chandra Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the applicants, and the learned A.G.A. for the State and perused the record.
This application is filed by the applicants for quashing the further proceedings of Case No.1544 of 2018 (State Versus Tasveer and others), under Sections 324, 452, 323, 504, 506, 308 IPC arising out of Case Crime No.623 of 2017 (Chage-sheet no.502 of 2017), P.S.- Swar, District Rampur pending before the learned First Additional Chief Judicial Magistrate, Rampur and also quash the cognizance/ summoning order dated 10.04.2018 passed by the learned First Additonal Chief Judicial Magsitrate, Rampur. 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.
There are two cross cases in this matter.
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.)