Jitendra Awasthi Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2023) — LawSathi Research

Jitendra Awasthi Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Application not quashed at this stage; disposed of with directions to the trial court to verify the compromise (if filed) after issuing notices to all signatories for personal presence and preparing a report; liberty to the applicants to approach the High Court again for quashing upon obtaining certified copies; no coercive action against the applicant for one month; original compromise deed to be returned to applicant's counsel after photocopy.

Issue for consideration

Whether the criminal proceedings arising out of Case Crime No.0446 of 2021 (Sections 323, 504, 506, 498-A IPC, P.S. Malihabad, Lucknow), including the charge-sheet dated 23.10.2021 and the summoning order dated 10.10.2022 in Criminal Case No.111940 of 2022, ought to be quashed in view of the parties' claimed amicable compromise.

Court's answer

Whether the parties have in fact compromised the matter can best be ascertained by the trial court concerned, as such compromise has to be duly verified in the presence of the parties concerned before the Court.

Ratio / Principle

Application disposed of with direction to the trial court that if the 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.

Key takeaways

If the compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record.ratio¶6
Upon verification, the trial court will allow the parties to obtain certified copies of the report and the compromise, and it will be open to the applicants to approach this Court again for quashing of the proceedings.ratio¶7
Interim protection: for a period of one month, no coercive action shall be taken against the applicant in the aforesaid case.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Rajeev Singh, J.; Neutral Citation 2023:AHC-LKO:46504; Order Date 17.7.2023). Application U/S 482 No. 6743 of 2023 by Jitendra Awasthi to quash proceedings on charge-sheet dated 23.10.2021 in Case Crime No. 0446 of 2021 under Sections 323, 504, 506, 498-A IPC, P.S. Malihabad, Lucknow, and the summoning order dated 10.10.2022 in Criminal Case No. 111940 of 2022. Counsel for the applicant stated the parties had amicably compromised the dispute, the compromise being filed as Annexure No. 4. Held that whether the parties have in fact compromised is best ascertained by the trial court, since a compromise must be duly verified in the presence of the parties. Application disposed of with direction that if the compromise is filed before the trial court, it shall issue notices to all signatories requiring personal presence and verify the compromise; on verification, a report shall be prepared and the compromise made part of the record; parties may obtain certified copies and it will be open to the applicants to approach the High Court again for quashing. No coercive action against the applicant for one month. Original compromise deed returned to applicant's counsel after photocopy.

Neutral Citation No. - 2023:AHC-LKO:46504

Court No. - 12

Case :- APPLICATION U/S 482 No. - 6743 of 2023

Applicant :- Jitendra Awasthi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Shesh Ram Mishra Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Singh,J.

Vakalatnama filed by Sri Vinod Kumar Pandey and Sri Shashi Saurabh Tiwari, Advocates on behalf of opposite party no.2 is taken on record.

Heard learned counsel for the applicant, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record.

The instant application has been filed to quash the proceeding initiated on the basis of charge-sheet dated 23.10.2021 arising out of Case Crime No.0446 of 2021 U/s 323, 504, 506, 498-A IPC, P.S.- Malihabad, Lucknow as well as summoning order dated 10.10.2022 and consequential order, if any, passed in Criminal Case No.111940 of 2022.

Learned counsel for the applicant submit that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.4 to the application.

Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned as such compromise has to be duly verified in presence of the parties concerned before the Court.

Accordingly, this application is disposed of with a direction to the trial 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.

The court concerned 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.

For a period of one month, no coercive action shall be taken against the applicant in the aforesaid case.

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

Order Date :- 17.7.2023 Arpan

Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench