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2015 DIGILAW 2917 (ALL)

Mohammad Arif v. State of U. P.

2015-09-16

RAMESH SINHA

body2015
JUDGMENT Ramesh Sinha, J. Heard Sri Sanjai Srivastava, learned counsel for the applicants, Sri A.K.Yadav, learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking quashing of the charge sheet dated 5.6.2014 in case crime no.130 of 2013, under Sections 147, 149, 353, 332, 504, 506, 427 I.P.C. read with Section 7 Criminal Law Amendment Act, P.S. Balua, District Chandauli in which cognizance has been taken by the learned J.M., District Chandauli on 20.7.2015. 3. It has been contended by the learned counsel for the applicants that the parties have entered into a compromise. He further submits that two co-accused have earlier approached this Court by filing a Crl. Misc. 482 Cr.P.C. Application No.24373 of 2015 in which an order has been passed on 19.8.2015, copy of which has been produced the same is taken on record. 4. 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. 5. 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 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. 6. Till the verification of the compromise, no coercive action shall be taken against he applicants in the aforesaid case.