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Nirmal Singh And 2 Others vs State Of U.P. And Another on 2 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 29902 of 2019

Applicant :- Nirmal Singh And 2 Others

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

Counsel for Applicant :- Brijesh Kumar Pandey

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Sri G.K. Pandey, Advocate has filed his Vakalatnama alongwith affidavit on behalf of the opposite party no.2 is taken on record.

Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State 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 19.12.2018 arising out of Case Crime No. 272 of 2018 and proceedings of Case No. 1522 of 2019 (State Vs. Nirmal Singh and others), under Sections 323, Section504, Section506, Section498A IPC and 3/4 D.P. Act, Police Station Bilaspur, District -Rampur.

It is submitted by learned counsel for the opposite party no.2/informant that earlier the matter was referred to Mediation, but the matter could not be settled at that time. Now, the parties have entered into an amicable settlement and pursuance thereof, the informant/opposite party no.2 and victim do not want to continue the present criminal proceedings against the applicants.

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 four 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 :- 2.8.2019

AK Pandey

 

 

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