Ajaya Bharti Others Vs State of U.P. and Another — Allahabad HC (2022) — LawSathi Research

Ajaya Bharti Others Vs State of U.P. and Another — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of on the basis of compromise: parties directed to appear before the trial court on 24.3.2022 for verification of the compromise within one week in presence of all accused and the complainant; trial court to provide verification report to parties and place compromise copy on its record; impugned proceedings in abeyance for one month; applicants free to approach the Court again for quashing. Office directed to return original compromise to petitioners' counsel and retain a photocopy under Rules of the Court.

Issue for consideration

Whether the proceedings of Case No. 239 of 2009 and the charge-sheet dated 13.6.2009 (case crime No. 239 of 2009, State of U.P. vs. Ajay Bharti and others, P.S. Alambagh, Lucknow) can be quashed on the basis of the compromise arrived at between the parties, subject to verification by the concerned court.

Court's answer

Relying on the law laid down by the Supreme Court in Gian Singh (2012) 10 SCC 303, the petition is disposed of with direction to the parties to appear before the trial court on 24.3.2022.

Ratio / Principle

The trial court shall verify the compromise in presence of all the accused persons and the complainant within the next one week.

Key takeaways

The trial court shall provide a copy of the verification report to the parties.ratio¶9
A copy of the compromise is to be placed on the record of the trial court.ratio¶9
It will be open to the applicants to approach this Court again for quashing of the proceedings (after verification of the compromise).ratio¶9

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 13), Karunesh Singh Pawar, J.; Order dated 2.3.2022 in Application U/S 482 No. 445 of 2021 — Ajaya Bharti and others vs. State of U.P. and Another. The applicants sought quashing of the proceedings of Case No. 239 of 2009 and the charge-sheet dated 13.6.2009 filed in case crime No. 239 of 2009, State of U.P. vs. Ajay Bharti and others, P.S. Alambagh, Lucknow. Counsel for the applicants submitted that the dispute had been amicably resolved outside the court by a compromise on record; counsel for respondent No. 2 conceded the settlement; and the learned A.G.A. had no objection to quashing subject to verification by the concerned court. Considering the law laid down by the Supreme Court in Gian Singh versus State of Punjab and another, (2012) 10 SCC 303, the Court disposed of the petition, directing the parties to appear before the trial court on 24.3.2022, which was to verify the compromise in presence of all the accused persons and the complainant within the next one week, provide a copy of the verification report to the parties, and place a copy of the compromise on its record. The impugned proceedings were kept in abeyance for one month, and it was left open to the applicants to approach the Court again for quashing of the proceedings. The original compromise was directed to be returned to the petitioners' counsel with a photocopy retained under the Rules of the Court.

Court No. - 13

Case :- APPLICATION U/S 482 No. - 445 of 2021

Applicant :- Ajaya Bharti and others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Srivastava,Km.Pratibha Vaish Counsel for Opposite Party :- G.A.,Anurag Misra

Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the applicants and Mr. Anurag Mishra, learned counsel for respondent No.2 as also learned A.G.A., and perused the record.

The instant petition has been filed by the applicants with a prayer to quash the proceedings of Case No. 239 of 2009 and charge-sheet dated 13.6.2009 filed in case crime No.239 of 2009 State of U.P. vs. Ajay Bharti and others, P.S. Alambagh, Lucknow.

Learned counsel for the petitioners submits that the dispute between the parties has been amicably resolved outside the court by way of compromise which is on record. Learned counsel for respondent No.2 concedes that the dispute has been amicably settled between the parties.

Learned A.G.A has no objection in case the impugned proceedings are quashed on the basis of compromise, subject to its verification by the concerned court.

Accordingly, having due regard to the submissions made by the parties' counsel, perusal of the compromise as also considering the law laid down by Supreme Court in (2012)10 SCC 303 Gian Singh versus State of Punjab and another, the petition is disposed of with direction to the parties to appear before the trial court on 24.3.2022, which shall verify the compromise in presence of all the accused persons and the complainant within the next one week. The trial court shall provide a copy of the verification report to the parties. A copy of compromise be placed on record of the trial court. It will be open to the applicants to approach this Court again for quashing of the proceedings.

For a period of one month, impugned proceedings shall remain in abeyance.

Office is directed to return original copy of the compromise to learned counsel for the petitioners and

retain a photocopy thereof, under Rules of the Court.

Order Date :- 2.3.2022 kkb/

Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.03.03 09:46:40 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench