Citation : 2015 Latest Caselaw 2712 ALL
Judgement Date : 28 September, 2015
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 29079 of 2015 Applicant :- Mohsin And Another Opposite Party :- State Of U.P. Counsel for Applicant :- V. P. Gupta Counsel for Opposite Party :- Govt. Advocate Hon'ble Ramesh Sinha,J.
Heard Sri V. P. Gupta, learned counsel for the applicants and Sri Sanjay Tripathi, 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 entire criminal proceeding including the charge-sheet dated 27.09.2014, filed in Criminal Case No. 1456 of 2014, Crime No. 16 of 2014, under Sections 498-A, 504, 506, IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Amroha/J.P. Nagar.
Learned counsel for the applicants submitted that matter has been settled/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 :- 28.9.2015
VKG
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