Ravi Dutt Sharma vs State Of U.P. And Another
2015 Latest Caselaw 3923 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 

 
Case :- APPLICATION U/S 482 No. - 32783 of 2015
 

 
Applicant :- Ravi Dutt Sharma
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Mukul Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Naqvi,J.

Parcha filed by Sri Vinay Kumar Pathak on behalf of O.P. No.2 is taken on record.

Heard Sri Mukul Tripathia, learned counsel for the applicant and the learned AGA for the State.

The application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No.5375 of 2015 ( State Vs. Hazi Saleem) arising out of Case Crime No. 3304 of 2014, under Sections 420, 467, 468 and  471 IPC, Police Station- Loni, District Ghaziabad, pending in the court of Additional Chief Judicial Magistrate-I, Ghaziabad, on the ground of recorded compromise dated 6.10.2015 executed between the parties.

It is submitted that a compromise has been arrived at between the parties on 6.10.2015, 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 27th January, 2016, showing the name of Sri Vinay Kumar Pathak, as counsel for O.P. No.2.

Parties are at liberty to approach the court concerned along with the compromise application on 16.12.2015. In case, such an application along with certified copy of this order is filed before the court below, the court below shall proceed 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 within two weeks from today a certified copy of this order is produced before the court below along with the compromise application, no coercive steps would be taken against the applicant till verification of the same in accordance with the observations made herein above.

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(Pankaj Naqvi,J.)

Order Date :- 5.11.2015/Mukesh