Held that the Trial Court must verify the alleged settlement between parties in presence of all concerned before quashing criminal proceedings. Applicant directed to file verified compromise within two weeks.
No coercive action for six weeks; directed to verify compromise before Trial Court within two weeks.
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Neutral Citation No. - 2024:AHC-LKO:45872
Court No. - 13
Case :- APPLICATION U/S 482 No. - 7999 of 2023
Applicant :- Rajesh @ Subedar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Applicant :- Vineet Kumar Chaurasia Counsel for Opposite Party :- G.A.,Jaydeep
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicant(s), learned AGA for the State and perused the record.
Instant application under Section 482 Cr.P.C. has been preferred by the applicant(s)/petitioner(s) for quashing the impugned charge sheet bearing no. 01/2021 filed in Case No. 2682/2022, FIR No. 0149/2021, under Sections 452, 352, 323, 504, 506 IPC, P.S.- Safipur, DistrictUnnao and also summoning order dated 02.05.2022.
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. 6 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 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 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 six weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case.
Order Date :- 5.7.2024 Mohit Singh/-
Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether criminal proceedings under Sections 452, 352, 323, 504, 506 IPC can be quashed due to alleged settlement.
Whether the Trial Court should verify the alleged compromise before determining the fate of the application.
1 provisions across 1 enactments
Rajesh @ Subedar
Subedar
State Of U.P.
Saurabh Lavania
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
