Mohd. Raj @ Raja and 2 Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2023) — LawSathi Research

Mohd. Raj @ Raja and 2 Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions to the court concerned to issue notice to all signatories of the compromise, require their personal presence and verify the compromise; if verified, a report to be prepared and the compromise made part of the record, with liberty to the applicants to obtain certified copies and approach the High Court again for quashing; and no coercive action against the applicants for six weeks or till verification of the compromise, whichever is earlier.

Issue for consideration

Whether the charge sheet No. A-184 of 2021, the summoning order dated 10.01.2023 and the entire proceedings of Case Crime No. 137 of 2021 should be quashed. +1 more

Court's answer

Application disposed of with direction that if the compromise is filed before the court concerned, it shall issue notice to all its signatories requiring their personal presence and verify the compromise; if verified, a report shall be prepared and the compromise made part of the record, and it will be open to the applicants to approach this Court again for quashing of the proceedings.

Ratio / Principle

Whether the parties have in fact compromised the matter can best be ascertained by the court below before which the case is pending; the compromise has to be duly verified in presence of the parties concerned before the court below itself.

Key takeaways

For a period of six weeks or till the verification of the compromise, whichever is earlier, no coercive action shall be taken against the applicants.ratio¶¶13

Detailed headnote1 paragraphs

Quashing sought under Section 482 of charge sheet No. A-184 of 2021 and summoning order dated 10.01.2023 in Case Crime No. 137 of 2021 (Sections 323, 504, 506, 324, 325 I.P.C., P.S. Deva, District Barabanki) on the ground of a compromise dated 26.05.2023 between the applicants and respondent no. 2, who belong to the same family. Held: whether the parties have in fact compromised the matter can best be ascertained by the court below, before which the compromise has to be duly verified in the presence of the parties concerned. Application disposed of with direction that if the compromise is filed before the court concerned, it shall issue notice to all its signatories requiring their personal presence and verify the compromise; if verified, a report shall be prepared and the compromise made part of the record, and it will be open to the applicants to approach the High Court again for quashing of the proceedings. No coercive action against the applicants for six weeks or till verification of the compromise, whichever is earlier.

Neutral Citation No. - 2023:AHC-LKO:47258

Court No. - 12

Case :- APPLICATION U/S 482 No. - 6900 of 2023

Applicant :- Mohd. Raj @ Raja And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Deshraj Singh Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Singh,J.

Vakalatnama filed by Shri Shiv Shankar Verma, Advocate on behalf of the respondent no. 2 is taken on record.

Heard learned counsel for the applicants as well as learned A.G.A. for the State and learned counsel appearing for respondent no. 2.

The present application has been filed with a prayer to quash the charge sheet No. A-184 of 2021 as well as summoning order dated 10.01.2023 passed in Case Crime No. 137 of 2021, under Sections 323, 504, 506, 324, 325 I.P.C., P.S. Deva, District Barabanki as well as its entire proceedings.

Learned counsel for the applicants submits that the applicants as well as respondent no. 2 belong to same family and the alleged incident has taken place due to some trivial dispute. It is further submitted that the issue has been resolved in between the parties outside the Court on 26.05.2023 and now they are living amicably. The copy of the compromise deed is annexed as Annexure 4 to the application. .

Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the court below itself.

Accordingly, the application is disposed of with direction

to the court concerned that if any such compromise is filed before it, it shall issue notice to all its signatories 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 concerned and the compromise will be made part of the record. 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.

For a period of six weeks or till the verification of the compromise, whichever is earlier, no coercive action shall be taken against the applicants.

Order Date :- 19.7.2023 VKS

Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench