Sadique Ali And Another vs State Of U.P. And 2 Others
2015 Latest Caselaw 2927 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 29901 of 2015
 
Applicant :- Sadique Ali And Another
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Abrar Ahmad Siddiqui
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Sri Mohd. Kalim, Advocate, has filed his power on behalf of the opposite party no.2, which is taken on record.

Heard Sri Abrar Ahmad Siddiqui, learned counsel for the applicants, Sri Mohd. Kalim, learned counsel for the opposite party no.2 and Sri R. K. Maurya, learned A.G.A. appearing for the State, and perused the record.

This application under Section 482 Cr.P.C. has been filed for stay the further proceeding of S.T. No. 1121 of 2011 (State Vs. Afsana Begam), under Sections 363, 366, 376, 368 IPC, arising out of Case Crime No. 27 of 2006, under Sections 363, 366, 376, 368 IPC, Police Station Nawabganj, District Allahabad, pending in t he court of Additional Sessions Judge/Fast Track Court, District Allahabad, and further prayed for quashing the entire proceeding of the aforesaid case.

Learned counsel for the applicants submitted that parties have entered into compromise.

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 giving liberty to the applicants to file the compromise application before the court concerned. If any such application is filed before the court concerned within a period of two weeks from today, the court concerned will 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 is 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 applicant.

Order Date :- 6.10.2015/VKG