Moolchandra and 4 Others Vs State of U.P. and 2 Others — Allahabad HC (2023) — LawSathi Research

Moolchandra and 4 Others Vs State of U.P. and 2 Others — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Application under Section 482 Cr.P.C. disposed of with directions to the parties to move an application for verification of the compromise dated 12.07.2023 before the trial court within 15 days; the trial court to verify the compromise, record the parties' statements of voluntariness, and pass appropriate orders if the compromise is found voluntary.

Issue for consideration

Whether the summoning order dated 21.02.2015 under Sections 452, 323, 504, 506 IPC and the entire proceedings of Complaint Case No. 1354 of 2013 should be quashed in view of the compromise dated 12.07.2023 between the parties.

Court's answer

The parties were directed to appear before the court below along with a certified copy of the order and move an application for verification of the compromise within 15 days.

Ratio / Principle

If the application along with the compromise deed is filed within the stipulated period, the court below is directed to verify the contents of the compromise and obtain the signatures of the parties and their statement that they entered into the compromise voluntarily.

Key takeaways

In case the court concerned finds that the parties entered into the compromise voluntarily and do not want to proceed with the matter, the court below will pass appropriate orders in the matter.ratio¶¶11

Detailed headnote1 paragraphs

Allahabad High Court (Prakash Padia, J.) disposed of an application under Section 482 Cr.P.C. by Moolchandra and 4 others seeking quashing of the summoning order dated 21.02.2015 under Sections 452, 323, 504, 506 IPC, Police Station Dakor, district Jalaun, and the entire proceedings of Complaint Case No. 1354 of 2013 (Smt Vidya vs Moolchandra & Others) pending before the Judicial Magistrate, Jalaun at Orai, in view of a compromise dated 12.07.2023 between the parties. The parties were directed to appear before the court below with a certified copy of the order and move an application for verification of the compromise within 15 days; the court below was directed to verify the compromise, obtain the parties' signatures and statements that the compromise was entered into voluntarily, and, if satisfied that the compromise was voluntary and the parties did not wish to proceed, pass appropriate orders.

Neutral Citation No. - 2023:AHC:157124

Court No. - 4

Case :- APPLICATION U/S 482 No. - 28243 of 2023

Applicant :- Moolchandra And 4 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Avdhesh Narayan Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Prakash Padia,J.

Sri Prem Kumar, Advocate filed his Vakalatnama on behalf of opposite party no.2, the same is taken on record.

Heard learned counsel for the applicants, Sri Prem Kumar, learned counsel for opposite party No.2 and learned A.G.A. for the State.

The applicants have preferred the present Application under Section 482 of Code of Criminal Procedure, 1973 with the prayer to quash summoning Order dated 21.02.2015, Under Section 452, 323, 504, 506, LP.C. Police Station Dakor district Jalaun, as well as the entire proceeding of complaint case - no. 1354 of 2013 (Smt Vidya vs Moolchandra & Others) pending in the court of Judicial Magistrate , Jalaun at orai in view of the compromise entered between the parties dated 12.07.2023.

It is admitted by learned counsel for the parties that the parties have already entered into compromise on 12.07.2023 copy of which is appended as Annexure No.5 to the affidavit and in view of the compromise, the parties do not want to proceed with the case. Learned counsel for the applicants argued that parties have filed compromise deed before the court below and sought a direction to the concerned court below for the verification of the said compromise.

Accordingly, the parties are directed to appear before the court below along with certified copy of this order and move an application for verification of the aforesaid compromise within a period of 15 days from today before the Court concerned. If such an application along with compromise deed will be filed within stipulated period, the court below is directed to verify the contents of the aforesaid compromise and after verifying the same, obtained the signatures of the parties to the aforesaid compromise and both the parties put their signatures and made statement that they were entered into the compromise voluntarily.

In case, the Court concerned finds that the parties have entered into the compromise voluntarily and they do not want to proceed with the matter, the Court below will pass appropriate orders in the matter.

With the aforesaid observations, the application under Section 482 Cr.P.C. is disposed off.

Order Date :- 4.8.2023 saqlain

Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad