Rajol Shukla and 3 Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2024) — LawSathi Research

Rajol Shukla and 3 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

Appeal disposed of with directions to the court below to verify the compromise in the presence of the signatories; interim protection from coercive action for one month; liberty to the appellants to approach the Court again for quashing if the compromise is verified; original compromise deed to be returned after photocopy.

Issue for consideration

Whether the parties have, in fact, compromised the matter, such that the criminal proceedings pursuant to the charge-sheet can be quashed on the basis of the compromise.

Court's answer

Whether the parties have in fact compromised the matter can best be ascertained by the court below, as the compromise has to be duly verified in the presence of the parties concerned before that Court.

Ratio / Principle

The appeal is disposed of with a direction that if the compromise is filed before the court concerned, it shall issue notices to all signatories to the compromise requiring their personal presence and proceed to verify the compromise; if verified, a report shall be prepared and the compromise made part of the record.

Key takeaways

Upon verification of the compromise, the parties may obtain certified copies of the report and compromise, and it will be open to the appellants to approach this Court again for quashing of the proceedings.ratio¶12
For a period of one month, no coercive action shall be taken against the appellants in the aforesaid case.ratio¶13
Office is directed to return the original compromise deed to the learned counsel for the appellants after taking a photocopy of the same.obiter

Detailed headnote1 paragraphs

Criminal Appeal No. 924 of 2024 (Neutral Citation 2024:AHC-LKO:23482), decided 18.3.2024 by Hon'ble Rajeev Singh, J., High Court of Judicature at Allahabad, Lucknow Bench. Appeal against the order dated 16.12.2021 of the Special Judge, SC/ST Act, Lucknow in Session Case No.2133 of 2021 (State Vs. Arvind Bajpai @ Neetu & Ors.), arising from a charge-sheet under Sections 147, 148, 149, 323, 427, 506 I.P.C. and Section 3(1)(dha) of SC/St Act, Police Station Krishna Nagar, Lucknow. Counsel for the appellants reported an amicable compromise between the parties, filed as Annexure No.3. The Court held that whether the parties have in fact compromised can best be ascertained by the court below, since a compromise must be duly verified in the presence of the parties. The appeal was disposed of with directions: if the compromise is filed before the court concerned, it shall issue notices to all signatories requiring personal presence and verify the compromise; if verified, a report shall be prepared and the compromise made part of the record; the parties may obtain certified copies and the appellants may approach the Court again for quashing of the proceedings. No coercive action against the appellants for one month; original compromise deed to be returned to counsel after photocopy.

Neutral Citation No. - 2024:AHC-LKO:23482

Court No. - 13

Case :- CRIMINAL APPEAL No. - 924 of 2024

Appellant :- Rajol Shukla And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Narendra Kumar Counsel for Respondent :- G.A.,Manoj Kumar Gupta

Hon'ble Rajeev Singh,J.

Supplementary counter afÏdavit filed by Sri Manoj Kumar Gupta, learned counsel for the respondent is taken on record.

Heard learned counsel for the appellants, learned A.G.A. for the State and perused the record.

The instant appeal has been filed against the order dated 16.12.2021 passed in Session Case No.2133 of 2021, State Vs. Arvind Bajpai @ Neetu & Ors. by the court of Special Judge, SC/ST Act, Lucknow, charge sheeted under Sections 147, 148, 149, 323, 427, 506 I.P.C. and Section 3(1)(dha) of SC/St Act, Police Station Krishna Nagar, Lucknow.

Learned counsel for the appellants submit that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.3 to the application.

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

Accordingly, the present appeal is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record.

The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the appellants to approach this Court again for quashing of the proceedings.

For a period of one month, no coercive action shall be taken against the appellants in the aforesaid case.

OfÏce is directed to return the original compromise deed to the learned counsel for the appellants after taking the photocopy of the same.

Order Date :- 18.3.2024 Gaurav/-

Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench