Ram Vilash And Others vs State Of U.P. & Another
2015 Latest Caselaw 3063 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- CRIMINAL REVISION No. - 4130 of 2010
 
Revisionist :- Ram Vilash And Others
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Revisionist :- Rajeev Kumar,Vijay Tripathi
 
Counsel for Opposite Party :- Govat. Advocate,Rajesh Kumar Srivastava
 

 
Hon'ble Ramesh Sinha,J.

Sri Vijay Tripathi, learned counsel for the revisionists, has field a supplementary affidavit, which is taken on record.

Heard Sri Vijay Tripathi, learned counsel for the revisionists, Sri Nikhil Chaturvedi, learned AGA appearing for the State and perused the record.

This revision shas been filed quashing the entire further proceeding including impugned summoning order dated 27.07.2010 passed by the learned Additional Chief Judicial Magistrate, Court No.11, Agra, in Case No. 2781 of 2010 (Man Singh Vs. Ram Vilash and others), arising out of Case Crime No. 304 of 2009, under Sections 420, 467, 468, 120-B, 409 and 109 IPC, Police Station Fhatehabad, District Agra, and further prayed for stay the proceeding of the aforesaid case.

Learned counsel for the revisionists 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 revisionists 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 revisionists.

Order Date :- 9.10.2015

VKG