Disposed

Kamal Singh and 4 Others v. State of U.P. and Another

Allahabad HC1 May 2023A482/4603/2023

Case brief

AI extract

What is this about?

A 482 Cr.P.C. application for quashing criminal proceedings due to alleged out-of-court compromise was disposed of with directions to the trial court to verify the compromise, record statements, and pass an appropriate order within two months. No coercive action was allowed pending verification.

What did the court decide?

Applicants directed to appear before trial court with compromise deed for verification; no coercive action ordered pending verification; application disposed of.

Kamal Singh and 4 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 4603 of 2023

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Applicant :- Kamal Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajneesh Tripathi Counsel for Opposite Party :- G.A.,Raj Kumar Mishra

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Sri Rajneesh Tripathi, learned counsel for the applicants, Sri Pankaj Srivastava, learned A.G.A. for the State and Sri Raj Kumar Mishra, learned counsel for opposite party no. 2.

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The present 482 Cr.P.C. application has been filed to quash the proceedings of Complaint Case No. 1239 of 2017, 'Rashmi v. Kamla Singh and others' and summoning order passed therein by the Vth Additional Chief Judicial Magistrate, Etawah, under Sections 323, 504, 506, 306 IPC.

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Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them out of court. They do 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 the process of law. He has relied upon the judgements of Coordinate Benches of this Court in the case of Avdhesh Tomar and others v. State of U.P. and another, Application U/s 482 No. 23378 of 2019, dated 26.06.2019 and in the case of Mohd. Amir v. State of U.P. & Anr., U/s 482/378/407 No. 9023 of 2019, Mohd. Amir v. State of U.P. & Anr., dated 21.05.2020, wherein in the offence under Section 306, compromise has been accepted.

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Learned AGA, however, submits that it is the concerned court

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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 the above, both the parties are directed to appear before the court below along with a certified copy of this order within two weeks from today and be permitted to file a proper compromise deed. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, after recording statement all concerned including injured witness, as expeditiously as possible, preferably within a period of two months from today. While passing the order verifying the compromise, the concerned court shall also record the statement 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 :- 1.5.2023 DS

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Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad

Kamal Singh and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Kamal Singh and 4 Others v. State of U.P. and Another

Case brief

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What did the court decide?

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