Rajeev Kumar And 3 Ors. vs State Of U.P. And Anr.
2015 Latest Caselaw 2974 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

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Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 30011 of 2015
 
Applicant :- Rajeev Kumar And 3 Ors.
 
Opposite Party :- State Of U.P. And Anr.
 
Counsel for Applicant :- P.S. Pundir
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Ramesh Sinha,J.

Sri Rakesh Ojha, Advocate, has filed his power on behalf of opposite party no.2, which is taken on record. 

Heard Sri P. S. Pundir, learned counsel for the applicants, Sri Rakesh Ojha, 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 quashing the proceeding of Case No. 721 of 2014, arising out of Crime No. 96 of 2013 (State Vs. Rajeev Kumar and others), under Sections 419, 420, 323, 504, 506 IPC, Police Station, Civil Line, District Muzaffar Nagar, pending in the court of Additional Chief Judicial Magistrate, Court No.2, Muzaffar Nagar, and stay the proceeding of Case No. 721 of 2014, arising out of Crime No. 96 of 2013 (State Vs. Rajeev Kumar and other), under Sections 419, 420, 323, 504, 506 IPC, Police Station Civil Line, District Muzaffar Nagar, pending in the court of Additional Chief Judicial Magistrate, Court No.2, Muzaffar Nagar.

Learned counsel for the applicants submitted that matter has been compromised between the parties.

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 applicants.

Order Date :- 7.10.2015

VKG