Disposed

Raja and 5 Others v. State of U.P. and Another

Allahabad HC18 Apr 2023A482/10949/2023

Case brief

AI extract

What is this about?

The High Court posted an application for quashing of criminal proceedings on the joint submission that a compromise was reached. The Court declined to examine the merits directly but directed parties to appear before the lower court for verification of the compromise deed and fulfillment of terms.

What did the court decide?

No coercive action pending verification; parties directed to appear before the lower court for compromise verification.

Raja and 5 Others Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2023)

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Court No. - 66

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Case :- APPLICATION U/S 482 No. - 10949 of 2023

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Applicant :- Raja And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Mishra Counsel for Opposite Party :- G.A.,Shashank Shukla

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Shashank Shukla, counsel for the opposite party no.2.

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This application under Section 482 Cr.P.C. has been filed by the applicants to quash the entire proceedings in Case No. 2113 of 2017 (State vs. Raja and others), under Sections 323, 506, 498-A I.P.C. and 3/4 D.P. Act against the applicant nos. 1 to 4 and under Sections 323, 506, 498A, 354, 376 I.P.C. and Section 3/4 D.P. Act against the applicant nos. 4 to 6 in Case Crime No. 164 of 2016, P.S. Jewar, District Gautam Budha Nagar.

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Learned counsel for the applicants submits that the applicants and opposite party no.2 have reconciled their differences and a compromise has been entered between them, copy of compromise deed dated 24.2.2023 has been annexed as Annexure-4 to the affidavit wherein it has been mentioned that opposite party no.2 does not want to press the case. Therefore, no useful purpose would be served in continuing the proceedings before the Court below and the same is not only sheer wastage of time of the Court but also abuse of process of law.

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Learned counsel for the opposite party no. 2 does not dispute the correctness of the submissions advanced by the counsel for the applicants.

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Learned A.G.A., however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law.

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In view of above, without expressing any opinion on the merit of the case, both the parties are directed to appear before the Court below along with compromise deed as well certified copy of this

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order within two weeks from today. It is expected that Court below may fix a date for the verification of the compromise and after ensuring the presence of the parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the Court concerned shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not?

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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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Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case.

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With the aforesaid directions, this application is finally disposed of.

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Order Date :- 18.4.2023 S.S.

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Raja and 5 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Raja and 5 Others v. State of U.P. and Another

Case brief

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What did the court decide?

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