Munna Sahu and 3 Others Vs State of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. and Another — Allahabad HC (2024) — LawSathi Research

Munna Sahu and 3 Others Vs State of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Proceedings of Criminal Case No. 1548/2009 (Crime No. 326/2003, Sections 452/323/504/506/324 IPC, P.S. Kakori) kept in abeyance for two months; parties directed to appear before the trial court on 30.05.2024 with the original compromise deed for verification; liberty reserved to approach the Court again for quashing on the basis of the compromise and its verification report.

Issue for consideration

Whether the criminal proceedings in Case No. 1548/2009 (Crime No. 326/2003) under Sections 452/323/504/506/324 IPC, P.S. Kakori, pending before the Additional Chief Judicial Magistrate VI, Lucknow, may be quashed in view of the compromise arrived at between the parties, reliance being placed on Gian Singh v. State of Punjab, (2012) 10 SCC 303.

Court's answer

Parties directed to appear before the learned trial court on 30.05.2024 along with the copy of the original compromise deed; the trial court to verify the compromise in the presence of the parties within one week thereafter and keep the verification report on the record of the Court after providing its copies to the parties.

Ratio / Principle

For a period of two months, the proceedings of Criminal Case No. 1548/2009, Crime No. 326/2003, under Sections 452/323/504/506/324 IPC, P.S. Kakori, District Lucknow, pending in the Court of Additional Chief Judicial Magistrate VI, Lucknow, shall be kept in abeyance.

Key takeaways

Petition disposed of with liberty to the parties to approach this Court again for quashing of the proceedings on the basis of the compromise and its verification.ratio¶13
Office directed to return the original compromise as well as certified copies of the documents filed along with the petition to learned counsel for the petitioners as per Rules of the Court.ratio¶14

Detailed headnote1 paragraphs

Application under Section 482 CrPC (Application U/S 482 No. 4361 of 2024) by Munna Sahu and 3 others to quash proceedings of Criminal Case No. 1548/2009 (Crime No. 326/2003) under Sections 452/323/504/506/324 IPC, P.S. Kakori, District Lucknow, pending before the Additional Chief Judicial Magistrate VI, Lucknow. Counsel for the applicants submitted that the dispute had been amicably settled outside the Court by compromise (Annexure No. 3) and, placing reliance on Gian Singh v. State of Punjab, (2012) 10 SCC 303, prayed that the compromise be verified by the competent authority and the impugned proceedings quashed. Learned A.G.A. and counsel for respondent no. 2 raised no objection. Held: parties directed to appear before the trial court on 30.05.2024 with the original compromise deed; trial court to verify the compromise in the presence of the parties within one week and keep the verification report on record with copies to the parties; proceedings kept in abeyance for two months. Petition disposed of with liberty to approach the Court afresh for quashing on the basis of the compromise and its verification; office to return the original compromise and certified copies to counsel. (Neutral Citation: 2024:AHC-LKO:37074)

Neutral Citation No. - 2024:AHC-LKO:37074

Court No. - 15

Case :- APPLICATION U/S 482 No. - 4361 of 2024 Applicant :- Munna Sahu And 3 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Another

Counsel for Applicant :- Ram Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioners and learned A.G.A. for the State as well as Shri Vishwas Shukla, learned Counsel appearing for respondent no. 2 who has filed vakalatnama which is taken on record.

Learned counsel for the petitioners submits that the dispute between the parties has been amicably settled outside the Court by way of compromise which is on record as Annexure No. 3 to the petition. It is further submitted that since the dispute has been settled outside the Court by the parties, the said compromise may be directed to be verified by the competent authority so that the impugned proceedings may be quashed in view of the law laid by the Supreme Court in the case of "Gian Singh Vs. State of Punjab, (2012) 10 SCC 303" as well as on the basis of said compromise and its verification report.

Learned A.G.A. as well as learned counsel for respondent no. 2 has no objection to this innocuous prayer.

In view of the above the parties are directed to appear before the learned trial court on 30.05.2024 along with the copy of original compromise deed, who shall verify the compromise in presence of the parties within one week thereafter and keep a report of the verification on the record of the Court after providing its copies to the parties.

For a period of two months, the proceedings of criminal case

No. 1548/2009, crime No. 326/2003, under Sections 452/323/504/506/324 IPC, P.S. Kakori, District Lucknow, pending in the Court of Additional Chief Judicial Magistrate VI, Lucknow shall be kept in abeyance.

In view of the above, the petition is disposed of.

Liberty to the parties is granted to approach this Court again for quashing of the proceedings on the basis of compromise and its verification.

Office is directed to return the original compromise as well as certified copies of the documents filed along with the petition to learned counsel for the petitioners as per Rules of the Court.

Order Date :- 15.5.2024 R.C.

Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench