Disposed

Gurpreet Singh v. State of U.P and Another

Allahabad HC7 Feb 2023A482/39484/2022

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. to quash proceedings under Section 138 NI Act filed for failing to verify a compromise, the High Court directed the applicant to prove the settlement before the trial court within two weeks. Coercive action was halted pending verification.

What did the court decide?

Coercive action stayed for four weeks; applicant directed to appear before trial court within two weeks to seek quashing based on verified compromise.

Gurpreet Singh Vs State of U.P and Another — Cheque Dishonour | Allahabad HC (2023)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 39484 of 2022

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Applicant :- Gurpreet Singh Opposite Party :- State Of U.P And Another Counsel for Applicant :- Kuldeep Kumar Dixit Counsel for Opposite Party :- G.A.,Bhupendra Gangwar

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Hon'ble Shekhar Kumar Yadav,J.

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Heard Mr. Kuldeep Kumar Dixit, learned counsel for the applicant, learned A.G.A. for the State and Mr. Bhupendra Gangwar, learned counsel for opposite party no.2.

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This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 09.12.2021 passed by Additional Civil Judge (Junior Division)/Judicial Magistrate, Tilhar, Shahjahanpur as well as entire proceeding of Complaint Case No.1206 of 2020, under Section 138 of Negotiable Instrument Act, Police Station Katra, District Shahjahanpur pending in the court of Additional Civil Judge (Junior Division)/Judicial Magistrate, Tilhar, Shahjahanpur.

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Learned counsel for the applicant submits that applicant and opposite party no. 2 have entered into compromise by way of Notary Affidavit dated 21.11.2022, copy of same has been filed as Annexure No.5 to the affidavit filed in support of application. As per clause 4 of the compromise deed dated 21.11.2022, Rs.2,50,000/- in two installment of Rs.1,25,000/- and Rs.1,25,000/- have already been given by the applicant to the opposite party no.2. He further submits that in the aforesaid case, the trial is still going on before the court below, hence, the court below may be directed to set aside the entire criminal case on the basis of compromise.

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Learned AGA as well as learned counsel for opposite party no.2 do not dispute the aforesaid aspect.

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

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Since the dispute between the parties has been amicably and mutually settled, no fruitful purpose would be served by keeping

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the application pending before this Court.

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Considering the facts and circumstances of the case and the submissions of learned counsel for the applicant, it is directed that the applicant shall appear before the court concerned within two weeks from today and move an application praying for dropping of the proceedings against him in view of the compromise taken place between the parties which shall be decided by the court below, in accordance with law, expeditiously preferably within a further period of two weeks from the date of production of the said application along with a certified copy of this order after verifying about the fact of compromise from opposite party no. 2.

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For a period of four weeks from today, no coercive action shall be taken against the applicant in pursuance of the aforesaid case.

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In the eventuality of compromise being successful, parties would be at liberty to file suitable application seeking quashment of the proceedings and in case, the compromise fails, the applicant shall be at liberty to file fresh application under Section 482 Cr.P.C.

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With the aforesaid observations, the present application stands disposed of .

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Order Date :- 7.2.2023

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Ajeet

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Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad

Gurpreet Singh v. State of U.P and Another

Case brief

What is this about?

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Gurpreet Singh v. State of U.P and Another

Case brief

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