Ganga Prasad And 4 Others vs State Of U.P. And Another
2015 Latest Caselaw 2671 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD

Case :- APPLICATION U/S 482 No. - 28916 of 2015

Applicant :- Ganga Prasad And 4 Others

Opposite Party :- State Of U.P. And Another

Counsel for Applicant :- Sudhir Kumar Agarwal

Counsel for Opposite Party :- Govt. Advocate

Hon'ble Ramesh Sinha,J

Sri Ashok Kumar Gupta, Advocate, has filed his power on behalf of opposite party no.2, which is taken on record. 

Heard Sri Sudhir Kumar Agarwal, learned counsel for the applicants, Sri Ashok Kumar Gupta, learned counsel for the opposite party no.2 and Sri Manish Deo, 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 entire proceeding of Case No. 2996/IX of 2013 (State Vs. Ganga Prasad and others), arising out of Case Crime No. 125 of 1992, under Sections 147, 323, 324, IPC, Police Station Chhata, District Mathura, pending in the court of Judicial Magistrate, Chhata, District Mathura.

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 :- 24.9.2015/VKG