HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 31232 of 2015 Applicant :- Amarjeet Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A. Hon'ble Pankaj Naqvi,J.
I have heard Sri Ashutosh, learned counsel for the applicant; Sri B.L.Jha for the opposite party no.2; and the learned AGA for the State.
The instant application under Section 482 CrPC has been filed for quashing the cognizance order dated 14.08.2015 and 3.9.2015 as well as entire proceeding of Case No.4845 of 2015, Case Crime No.308 of 2015 under Sections 379, 411, 420, 468 and 469 IPC, P.S. Bilaspur, District Rampur, pending in the Court of Chief Judicial Magistrate, Rampur.
It is submitted that a compromise dated 3.9.2015 has been arrived at between the parties, proceedings of aforesaid case, be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab : (2012) 10 SCC 303.
Whether a compromise has taken place or not can best be ascertained by the court below where proceedings are pending, after ensuring the presence of the parties.
Learned A.G.A. has accepted notice on behalf of O.P. No.1 Issue notice to O.P. No.2. Steps within a fortnight.
List on 17.12.2015.
Meanwhile, parties are at liberty to approach the court concerned along with the compromise application 19.11.2015. In case, such an application along with certified copy of this order is filed before the court below, by the above date, the court below shall fix a date for securing the presence of the parties concerned and proceed thereafter to ascertain the veracity of the compromise. If the said compromise is verified, same shall be made part of the record and report to that effect will be prepared and the parties would be allowed to obtain certified copy thereof and file the same before this Court.
Till the next date of listing, if a certified copy of this order is produced before the court below on or before 19.11.2015 along with the compromise application, no coercive steps would be taken against the applicants till verification of the same in accordance with the observations made herein above.
Order Date :- 15.10.2015 sc