Bachhu Singh vs State Of U.P. And Another
2015 Latest Caselaw 3064 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 29782 of 2015
 
Applicant :- Bachhu Singh
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Irshar Ahmad
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Sri Vijay Tripathi, Advocate, holding brief of Sri Irshar Ahmad, learned counsel for the applicant, has field a supplementary affidavit, which is taken on record.

Heard Sri Vijay Tripathi, Advocate, holding brief of Sri Irshad Ahmad, learned counsel for the applicant, Sri Nikhil Chaturvedi, learned AGA appearing for the State and perused the record.

This application has been filed quashing the entire further proceeding of Case No. 2781 of 2010, against the applicant, arising out of Case Crime No. 304 of 2009, including summoning order dated 27.07.2010 (State Vs. Ram Vilash & others), under Sections 420, 467, 468, 471, 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 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 applicant.

Order Date :- 9.10.2015

VKG