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2015 DIGILAW 1925 (ALL)

Nitin Gupta v. State of U. P.

2015-07-16

ANJANI KUMAR MISHRA

body2015
JUDGMENT Anjani Kumar Mishra, J. Shri Manoj Kumar Srivastava, has filed his power on behalf of the opposite party no. 2 today in Court which is taken on record. 2. The instant application under Section 482 CrPC has been filed seeking quashing the entire proceeding including charge-sheet dated 08.01.2015 in Case NO. 60/IX/2015arising out of Case Crime No. 209/2014, under Sections 498A, 323, 506 IPC and 3/4 DP Act, Police Station Atarra, District Banda (State vs. Nitin Gupta and Others) pending in the Court of Judicial Magistrate, Atarra, District Banda. 3. I have heard Sri Rakesh Kumar Srivastava, learned counsel for the applicant; and the learned AGA for the State and perused the record. 4. Jointly it has been stated that the parties have settled their dispute and they do not wish to pursue the matter any further and, as such, it has been jointly prayed that the proceedings of the Court below be quashed. 5. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below. As such, the compromise has to be duly verified in presence of the parties concerned before the Court below. 6. Accordingly, this application is disposed of giving liberty to the applicants to file a 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. 7. 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. In the report, it will also be mentioned whether or not the trial of the case had proceeded before the Court concerned, and, if it has proceeded, then to what extent. In the event the compromise is verified, it will be open to the applicants to approach this Court again for quashing of the proceedings. Subject to the directions aforesaid, the application stands disposed of.