Disposed

Heera Lal Rathaur and Ors. v. State of U.P. and Anr.

Allahabad HC18 Sept 2023/1302/2020

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of proceedings based on a compromise, the High Court stayed proceedings and directed the trial court to verify the compromise deed via presence of parties before granting any quashing relief.

What did the court decide?

Stay of criminal proceedings for one month against the applicant pending verification of compromise by the trial court.

Heera Lal Rathaur and Ors. Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 1302 of 2020

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Applicant :- Heera Lal Rathaur And Ors. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Bajhul Quamar Siddiqui,Gaurav Agarwal,Vivek Kumar Singh Counsel for Opposite Party :- G.A.,Anurag Dwivedi,Uma Kant Gupta

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Hon'ble Shree Prakash Singh,J.

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Heard Bajhul Quamar Siddiqui, learned counsel for the applicants, Sri Uma Kant Gupta, counsel for opposite party no. 2, Sri Nirmal Pandey, learned A.G.A. for the State and perused the record.

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The instant application under Section 482 Cr.P.C. has been filed with prayer to Pass an order thereby quashing the impugned summoning order dated 22.10.2019, passed by the learned Chief Judicial Magistrate, Hardoi and order dated 22.01.2020 by which bailable warrant has been issued against the applicants contained alongwith the entire proceedings of the Complaint Case No. 14236 of 2018 pending in the court of learned Chief Judicial Magistrate, Hardoi.

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Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the instant case. He next added that under some misunderstanding, the instant F.I.R. has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 18.04.2023. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicants are the futile exercise as there is no fate of trial and that is amount to harassment of the applicants and thus, the criminal proceedings against the

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applicants may be quashed.

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On the other hand, learned counsel appearing for the opposite parties has supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably through a compromise deed and there is no further grievance of the opposite parties against the present applicants and the criminal proceedings against the applicants may be dropped.

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Learned A.G.A. appearing for the State has no objection to the contentions aforesaid.

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Now 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.

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Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall 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.

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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.

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For a period of one month, the criminal proceedings of Complaint Case No. 14236 of 2018 under sections 420, 120B of IPC, Police Station Kotwali City, District-Hardoi, shall remain stayed so far as applicants are concerned.

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The trial Court is directed to examine the fact that whether all the parties against whom the chargesheet was filed, the party in the compromise and in this respect, it shall also sent a report along with the verification order.

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Office is directed to return the original compromise deed to the learned counsel for the applicants, if any, after taking the photocopy of the same.

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Order Date :- 18.9.2023 Mayank

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Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Heera Lal Rathaur and Ors. v. State of U.P. and Anr.

Case brief

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Heera Lal Rathaur and Ors. v. State of U.P. and Anr.

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