Ram Suchit Sahani vs State Of U.P. And Another
2017 Latest Caselaw 6639 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- APPLICATION U/S 482 No. - 35964 of 2017
 

 
Applicant :- Ram Suchit Sahani
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Dileep Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Short-counter affidavit has been filed by Shri Ran Vijay, learned counsel for the opposite party No. 2. The same is taken on record.

Heard learned counsel for the applicants, and the learned A.G.A. for the State and perused the record.

The instant application has been filed seeking quashing of the proceeding of Sessions Trial No.148 of 2015 pending in the court of Additional Session Judge, Court No. 3, Kushinagar arising out of Case Crime No.471 of 2011, under Sections 406, 419, 420, 504, 506 IPC and 3(1)(X) SC/ST Act, PS Kotwali Padarauna, District Kushinagar, on the ground that the parties have entered into a compromise.

Learned counsel for the applicant submits that the compromise taken place between the parties has already been filed before the court below.

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 with a direction to the court concerned that if any such compromise has already been filed before it, it shall 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 in 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 in the aforesaid case.

Order Date :- 9.11.2017

LN Tripathi