Shyam Pal Singh and Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2024) — LawSathi Research

Shyam Pal Singh and Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of finally in terms of directions (i)-(vii): 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 order's copy; parties permitted to obtain certified copies of the report and compromise deed; liberty reserved to the applicants to approach this Court again for quashing; original compromise to be provided to counsel for the applicants; and no coercive action against the applicant(s) for eight weeks.

Issue for consideration

Whether the charge sheet/proceedings in Case Crime No. 356 of 2010 (Session Trial No. 29 of 2012) are liable to be quashed in view of the amicable settlement (compromise) arrived at between the parties outside the Court.

Court's answer

Whether the parties have in fact compromised the matter can best be ascertained by the Trial Court, as the compromise has to be duly verified in the presence of the parties concerned before the Court; on this basis the application was disposed of with directions rather than quashed outright.

Ratio / Principle

Direction (i): the parties to the proceedings in issue shall appear and file the compromise before the concerned Court within four weeks from the date of the order.

Key takeaways

Direction (iii): 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 (with direction (ii) that it verify the compromise, prepare a report and make the original compromise deed part of the record).ratio¶15
Direction (v): it shall be open to the applicant(s) to approach this Court again for quashing of the proceedings (after verification of the compromise).ratio¶17
Direction (vii): interim protection — for a period of eight weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Saurabh Lavania, J. — Application under Section 482 Cr.P.C./Section 528 BNSS (No. 7910 of 2024) by Shyam Pal Singh and others seeking quashing of the charge sheet dated 26.11.2010 in Case Crime No. 356 of 2010 (Sections 323, 504, 506 & 308 IPC and Section 3(2)V SC/ST Act, P.S. Mall, Lucknow), pending as Session Trial No. 29 of 2012 before the Special Judge, SC/ST Act, Lucknow, on the ground that the parties have amicably settled the dispute. The Court did not quash the proceedings itself: holding that whether the parties have in fact compromised can best be ascertained by the Trial Court, since the compromise must be duly verified in the presence of the parties, it disposed of the application directing the parties to file the compromise before the concerned Court within four weeks, the concerned Court to verify it, prepare a report and conclude verification within two weeks of production of the order's copy, permitted certified copies, returned the original compromise to the applicants' counsel, reserved liberty to approach the High Court again for quashing, and directed that no coercive action be taken against the applicants for eight weeks. Order dated 5.9.2024; Neutral Citation 2024:AHC-LKO:61258.

Neutral Citation No. - 2024:AHC-LKO:61258

Court No. - 13

Case :- APPLICATION U/S 482 No. - 7910 of 2024

Applicant :- Shyam Pal Singh And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Dr. Ajai Pratap Singh Chauhan,Kunwar Samitinjay Singh Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Sri Sumit Chauhan, Advocate and Shri Nitin Singh, Advocate have put in appearance for the private opposite party no. 2 and has filed Vakalatnama, which is taken on record.

Heard.

Instant application under Section 482 Cr.P.C./Section 528 Bharatiya Nagarik Suraksha Sanhita (in short "BNSS") has been preferred by the applicant(s)/petitioner(s) for quashing the charge sheet dated 26.11.2010 (Annexure No.1) arising out of Case Crime No. 356 of 2010 under Sections 323, 504, 506 & 308 I.P.C and Section 3(2)V SC/ST Act registered at Police Station-Mall District-Lucknow (State vs Shyam Pal Singh and others) in Session Trial No. 29 of 2012 pending before Special Judge, SC/ST Act, Lucknow.

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. 4 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 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 :- 5.9.2024

Mohit Singh/-

Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench