Ram Gulam Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others — Allahabad HC (2024) — LawSathi Research

Ram Gulam Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions to the court concerned to verify the compromise (notices to all signatories for personal presence; report and recordation if verified); liberty to the applicants to obtain certified copies and re-approach this Court for quashing; no coercive action against the applicant for one month; original compromise deed to be returned to applicant's counsel after photocopy.

Issue for consideration

Whether the proceeding of Criminal Case No.2153 of 2022 (arising out of Case Crime No.97/2021, Sections 325/506/308 IPC, Police Station Gurubakshganj, Raebareli) should be quashed in view of the parties' claimed amicable compromise.

Court's answer

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

Ratio / Principle

The application is disposed of with a direction to the court concerned that if the compromise is filed before it, it shall issue notices to all signatories to the compromise requiring their personal presence and thereafter verify the compromise.

Key takeaways

If the compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record.ratio¶11
The parties may obtain certified copies of the report and the compromise, and it will be open to the applicants to approach this Court again for quashing of the proceedings.ratio¶13
As interim protection, for a period of one month no coercive action shall be taken against the applicant in the aforesaid case.

Detailed headnote1 paragraphs

Application U/S 482 by Ram Gulam seeking quashing of the proceeding of Criminal Case No.2153 of 2022 (arising out of Case Crime No.97/2021 under Sections 325, 506, 308 IPC, Police Station Gurubakshganj, Raebareli). Applicant pleaded an amicable compromise between the parties, filed as Annexure No.10. Held: the genuineness of the compromise is a matter for the court below, which must verify it in the presence of the parties. Application disposed of with directions: on the compromise being filed, the court concerned shall summon all signatories, verify the compromise, prepare a report and make it part of the record; the applicants may then obtain certified copies and re-approach the High Court for quashing. Interim protection: no coercive action against the applicant for one month. Original compromise deed ordered returned to applicant's counsel after photocopy. (Rajeev Singh, J.; order dated 24.10.2024.)

Neutral Citation No. - 2024:AHC-LKO:72066

Court No. - 13

Case :- APPLICATION U/S 482 No. - 9383 of 2024

Applicant :- Ram Gulam Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Shubhranshu Verma Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Singh,J.

Vakalatnama filed by Sri Prem Kumar, Advocate on behalf of the opposite party no.2 to 4 is taken on record.

Heard learned counsel for the applicant, learned counsel for the opposite party nos.2 to 4, learned A.G.A. for the State and perused the record.

The instant application has been filed for quashing the proceeding of Criminal Case No.2153 of 2022, arising out of Case Crime No.97/2021 under Sections 325, 506, 308 I.P.C., Police Station Gurubaksh ganj, Raebareli.

Learned counsel for the applicant 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.10 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, this application 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 applicants to approach this Court again for quashing of the proceedings.

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

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

Order Date :- 24.10.2024 Gaurav/-

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