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2016 DIGILAW 1251 (ALL)

Nirwar Singh v. State of U. P.

2016-04-06

OM PRAKASH VII

body2016
JUDGMENT Om Prakash-VII,J. Heard Sri Sunil Kumar Tiwari, learned counsel for applicants, Sri M. Faisal Khan, learned counsel for the opposite party no. 2 and the learned A.G.A. 2. This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of case no. 1410/9 of 2015 under Sections 323, 325, 352, 452, 307, 504, 506 IPC, P.S. Ram Raj, District Muzaffar Nagar pending in the court of Additional Civil Judge (JD)/ Judicial Magistrate Court No.3, Bijnor in terms of the compromise dated 13.11.2014. 3. Submission of learned counsel for the parties is that parties have settled their dispute out of the court and the complainant does not want to proceed with the trial. He further submits that in view of the law laid down by the Hon'ble Supreme Court in the case of Narinder Singh Vs. State of Punjab reported in LAWS (SC)-2014-3-56 and Yogendra Yadav and others Vs. State of Jharkhand and another reported in 2015 (1) JIC 192 (SC) the proceeding of the aforesaid criminal case be quashed. 4. Whether a compromise has taken place or not can best be ascertained by the court where the proceedings are pending, after ensuring the presence of the parties before it. 5. List this case on 12.7.2016 before the appropriate Bench. 6. Learned counsel for the parties undertake to ensure their presence before the court below or any other transferee court, as the case may be, on 30.4.2016 and the court concerned, thereafter, shall ascertain the veracity of the compromise. If the said compromise is verified, the same shall be made part of the record and report to that effect, will be prepared and the parties would be allowed to obtain certified copy thereof and file the same before this Court. 7. Office is directed to send through FAX a copy of this order as well as the photocopy of the compromise annexed as Annexure-4 to the application to the court concerned within three days. 8. Till the next date of listing, if a certified copy of this order is produced before the court below along with the compromise application dated 13.11.2014, no coercive steps would be taken against the applicants till verification of the same in accordance with the observations made herein above.