No. - 2024:AHC-LKO:40089 Court No. - 13 Case…
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Neutral Citation No. - 2024:AHC-LKO:40089
Court No. - 13
Case :- CRIMINAL APPEAL No. - 1736 of 2024
Appellant :- Ram Shankar Gupta And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Arshad Jameel,Rashmi Rajvanshi,Shri Prakash
Counsel for Respondent :- G.A.
Hon'ble Saurabh Lavania,J.
Sri Sanjeev Gupta, Advocate, has put in appearance for the private opposite party no. 2 and has filed the short counter affidavit and his Vakalatnama, which is taken on record.
Heard learned counsel for the appellants, learned AGA for the State and perused the record.
Instant appeal has been preferred by the appellants for quashing the entire proceedings and charge sheet dated 27.04.2023 arising out of Case No. 1946 of 2023, Session Trial No. 393 of 2023, Crime No. 61 of 2023 under Sections 323, 504, 506 IPC, and Sections 3(1)da, 3(1)dha of SC/ST Act, Police Station - Tambaur, District - Sitapur as also the summoning order dated 25.10.2023.
Learned counsel for the appellants submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and an original copy of compromise deed, duly signed by the parties, is annexed as Annexure No. 4 to the present appeal. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed.
Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Trial Court as such compromise has to be duly verified in presence of the parties concerned before the Court.
Considering the aforesaid, this appeal is disposed of finally in following terms:-
(i) The parties to the proceedings in issue shall appear and file the compromise before the concerned Court within two week's from today.
(ii) If the parties appear before the concerned Court in terms of above,
the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record.
(iii) The concerned Court shall conclude the process of verification of compromise within two week's from the date of production of copy of this order.
(iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed.
(v) It shall be open to the appellants to approach this Court again for quashing of the proceedings.
(vi) Office is directed to provide original compromise to the counsel for the appellants, after retaining its photocopy on record. It is for the purposes for its verification by the concerned Court.
(vii) For a period of six weeks, no coercive action shall be taken against the appellants in the aforesaid case.
Order Date :- 27.5.2024 Mohit Singh/-
Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench
Ram Shankar Gupta And 2 Others
State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Saurabh Lavania
As recorded by the court registry
2 orders share this CNR
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