Citation : 2013 Latest Caselaw 2227 ALL
Judgement Date : 16 May, 2013
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 4 Case :- U/S 482/378/407 No. - 983 of 2004 Petitioner :- Shishir Kumar Verma And Another. Respondent :- State Of U.P.& (2) Ors. Petitioner Counsel :- Umajeet Gupta Respondent Counsel :- Govt.Advocate,Anjali,Virendra Singh Pawar Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned A.G.A.
This application has been filed with a prayer to quash the charge sheet of case crime No. 439 of 2003 under section 342, 406, 420, 504, 506 IPC, P.S. Tal Katora, District Lucknow pending in the court of learned III A.C.J.M. Lucknow vide criminal case No. 66 of 2004 .
It is contended by learned counsel for the applicants that on account of matrimonial dispute the FIR of this case has been lodged in which without doing the fair investigation the charge sheet has been submitted on which the learned Magistrate concerned has taken the cognizance.
Now both the parties have entered into compromise and they have settled their dispute. In such circumstances without expressing any opinion on the merits of the case it is directed that in case both the parties appear before the court concerned and file a compromise application for compounding the offence through their counsel, the same shall be heard and disposed of in accordance with law in view of of B.S. Joshi and another Versus State of Hariyana and another (2003) (4) S.C.C. 675.
Till the disposal of that application no coercive steps shall be taken against the applicants. But the applicants and O.P. No. 3 shall appear before the court concerned whenever, their appearance is required by the court.
The inter order dated 10.9.2004 is hereby required.
Accordingly this application is disposed of.
Order Date :- 16.5.2013
RPD
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