Aman Singh Vs State of U.P. Thru. Prin. Secy. Deptt… — Cheating and Forgery | Allahabad HC (2024)

Aman Singh Vs State of U.P. Thru. Prin. Secy. Deptt… — Cheating and Forgery | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Application disposed of finally with directions: parties to appear and file the compromise before the concerned court within four weeks; concerned court to verify the compromise, prepare a report, make the original compromise deed part of the record and conclude verification within two weeks of production of the copy of the order; parties permitted certified copies of the report and compromise deed; applicant(s) at liberty to approach this Court again for quashing; Office to provide the original compromise to counsel for the applicant; and no coercive action against the applicant(s) for eight weeks.

Issue for consideration

Whether the criminal proceedings of Criminal Case No. 642 of 2023 arising out of Case Crime No. 08 of 2022, the charge sheet No. 41 of 2023 and the summoning order dated 7.11.2023 are liable to be quashed in view of the settlement/compromise arrived at between the parties.

Court's answer

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

Ratio / Principle

The parties to the proceedings in issue shall appear and file the compromise before the concerned court within four weeks from today.

Key takeaways

On the parties appearing, the concerned court shall verify the compromise between the parties to the proceedings, prepare a report to the same effect, and make the original compromise deed part of the record.ratio¶14
The concerned court shall conclude the process of verification of the compromise within two weeks from the date of production of a copy of this order.ratio¶15
It shall be open to the applicant(s) to approach this Court again for quashing of the proceedings.

Detailed headnote1 paragraphs

Quashing on the basis of compromise — verification left to trial court. (Neutral Citation: 2024:AHC-LKO:57610; order dated 23.8.2024; Hon'ble Saurabh Lavania, J.; High Court of Judicature at Allahabad, Lucknow Bench.) By Application U/S 482 No. 7413 of 2024, Aman Singh sought quashing of the criminal proceedings of Criminal Case No. 642 of 2023 ('State Versus Dheeraj Rajbhar & others') arising out of Case Crime No. 08 of 2022 under sections 419, 420, 406, 504, 506 IPC, charge sheet No. 41 of 2023 dated 30.3.2023 under section 406 IPC, and the summoning order dated 7.11.2023 passed by the Civil Judge (Jr.Div.)/Judicial Magistrate, Tanda, Ambedkar Nagar, on the ground that the parties had settled the dispute outside Court and executed a compromise deed (Annexure No. 8). The Court held that whether the parties have in fact compromised can best be ascertained by the trial court, where the compromise must be duly verified in the presence of the parties, and disposed of the application with directions: (i) parties to appear and file the compromise before the concerned court within four weeks; (ii) the concerned court to verify the compromise, prepare a report and make the original compromise deed part of the record; (iii) verification to be concluded within two weeks from production of a copy of the order; (iv) parties permitted certified copies of the report and compromise deed; (v) applicant(s) free to approach the Court again for quashing; (vi) Office to hand over the original compromise to the applicant's counsel; and (vii) no coercive action against the applicant(s) for eight weeks. No precedent was named or cited; the Court referred generally to the law laid down by the Hon'ble Apex Court on quashing upon settlement.

Neutral Citation No. - 2024:AHC-LKO:57610

Court No. - 13

Case :- APPLICATION U/S 482 No. - 7413 of 2024

Applicant :- Aman Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Ram Singh Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Sri Sri Rramkripal Yadav, Advocate, has put in appearance for the private opposite party no. 2 and has filed his Vakalatnama, which is taken on record.

Heard learned counsel for the parties and perused the record.

Instant application has been preferred by the applicant(s) for the following main relief(s):-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the whole criminal proceeding of Criminal Case No. 642 of 2023 "State Versus Dheeraj Rajbhar & others" arising out of Case crime No. 08 of 2022 under section 419, 420, 406, 504, 506 IPC, pending before the Civil Judge (Jr.Div.)/Judicial Magistrate Tanda, Ambedkar Nagar and charge sheet No. 41 of 2023 dated 30.3.2023 under section 406 IPC as well as for quashing the summoning order dated 7.11.2023 passed by the Civil Judge (Jr.Div.)/Judicial Magistrate Tanda, Ambedkar Nagar directing the Petitioner to appear before the court to face the trauma of trial, as contained in Annexure No. 2&3 respectively, so far as it relates to the Petitioner."

Learned counsel for the applicant(s) submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No. 8 to the present application. 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 application 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 four 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 applicant(s) to approach this Court again for quashing of the proceedings.

(vi) Office is directed to provide original compromise, if any, to the counsel for the applicant(s), after retaining its photocopy on record. It is for the purposes for its verification by the concerned court.

(vii) For a period of eight weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case.

Order Date :- 23.8.2024

Arun/-

Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench