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Farukh And 5 Others vs State Of U.P. And Another on 23 July, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 28262 of 2019

Applicant :- Farukh And 5 Others

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

Counsel for Applicant :- Sanjay Kr. Srivastava

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Sri Sushil Kumar Pandey, Advocate has filed short counter affidavit alongwith Vakalatnama on behalf of the opposite party no.2 is taken on record.

Heard learned counsel for the applicants and the learned A.G.A. for the State and learned counsel for the opposite party no.2 and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge-sheet dated 7.10.2013 arising out of Case Crime No. 130 of 2013 as well as cognizance order dated 21.07.2016 and proceedings of Criminal Case No. 35/9 of 2018 (State Vs. Farukh and others), under Sections 498A, Section323, Section504, Section506 IPC and 3/4 D.P. Act, Police Station Mundali (now Mahila Thana), District -Meerut pending in the court of Chief Judicial Magistrate, Meerut.

Learned counsel for the applicants submit that applicants and opposite party no.2 have amicably compromised their dispute on 1.7.2019 out side the Court. The compromise taken place between the parties has been filed as Annexure-4 to the present application.

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. Applicants are permitted to file compromise application before the concerned court below within two weeks.

Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is 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 applicants in the aforesaid case.

Order Date :- 23.7.2019

AK Pandey

 

 

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