- (1.) Heard Mr. J.S.P. Singh for the petitioners and learned AGA for the State and perused the record.
(2.) Mr. J.S.P. Singh submitted that in the case crime no.12/1998 of police station Sihani Gate, district Ghaziabad the investigating officer submitted a final report, which was rejected by the IInd Additional Chief Judicial Magistrate, Ghaziabad on 8.2.2001. Consequently the Magistrate took cognizance of the offences under sections 120-B, 420, 379, 411, 467, 468 and 471 IPC and issued processes against the petitioners. It was next submitted that the petitioners never received process of the court, therefore, they did not appear and as such there was no deliberate default on the part of the petitioners to appear in the court. Despite that the Magistrate concerned has issued processes under sections 82/83 of the Code of Criminal Procedure against the petitioners.
(3.) Mr. J.S.P. Singh next submitted that after submission of the final report, the petitioner no.1 and the respondent no.2 settled their disputes amicably and executed a written memorandum of understanding dated 4.2.2002 (Annexure 2). In pursuance of the compromise the criminal case pending in the court of Metropolitan Magistrate, New Delhi was decided and the respondent no.2 was acquitted.;