Bhura And Another vs State Of U.P. And Another
2015 Latest Caselaw 2713 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 29005 of 2015
 
Applicant :- Bhura And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- M.P.S. Chauhan
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri M.P.S. Chauhan, learned counsel for the applicants and Sri Ashok Yadav, 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 charge-sheet no. 324 of 2011 dated 04.12.2011, submitted by the Investigating Officer in Case No. 1974 of 2012, Case Crime No. 120 of 2011 (State Vs. Bhura and another, under Sections 323, 308, 504, 506 IPC, Police Station Tappal, District Aligarh.

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 :- 28.9.2015/VKG