Application under Section 482 CrPC for quashing proceedings dismissed on coram nobis principle; directions issued for parties to approach trial court for compromise verification.
Till verification of compromise by trial court, no coercive action against applicants; parties directed to appear before trial court with documents.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 12287 of 2023
Applicant :- Sunil Gautam And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Vakalatnama, filed by Sri Sanjay Srivastava, Advocate on behalf of the opposite party no.2 today, is taken on record.
Heard learned counsel for applicants, learned AGA for the State and Sri Sanjay Srivastava, counsel for the opposite party no.2.
This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the proceeding in Case No. 7076/9 of 2017 (State vs. Shah Nawaj Rana and another), Case Crime No. 40 of 2001, under Section 392, 411 I.P.C., P.S. Mansoorpur, District Muzaffar Nagar, pending before Judicial Magistrate, Court No.2 Muzaffar Nagar as well as chargesheet dated 8.5.2001 and cognizance order dated 25.5.2001.
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 28.2.2023 has been annexed as Annexure 4 to this affidavit wherein it has been mentioned that opposite party no.2 does not want to press the case against the applicants. Therefore, no useful purpose would be served in continuing the proceedings against the applicants before the Court below and the same is not only sheer wastage of time of the Court but also abuse of process of law.
Counsel for the opposite party no.2 does not dispute the submissions advanced by the counsel for the applicants.
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.
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 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?
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.
Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 10.4.2023 S.S.
Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court should quash the trial proceedings under Section 482 CrPC based on a post-filing compromise deed.
Who has the authority to verify the authenticity and compliance of a compromise deed between parties.
1 provisions across 1 enactments
Sunil Gautam And Another
State of U.P. and Another
Vivek Varma
Siddharth Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
