Disposed

Akash Alias Lallu and Another v. State of U.P. and Another

Allahabad HC11 Sept 2024A482/28380/2024

Case brief

AI extract

What is this about?

Applicants sought quashing of a charge sheet and cognizance order in a minor assault case on the basis of a compromise. The High Court directed the parties to appear before the Juvenile Justice Board for verification of the compromise and stayed coercive measures meanwhile.

What did the court decide?

Parties directed to appear before the court below for verification of the compromise within two weeks; no coercive measures against applicants until next listing.

Akash Alias Lallu and Another vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 28380 of 2024

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Applicant :- Akash Alias Lallu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Balram Singh,Rabindra Bahadur Singh Counsel for Opposite Party :- Narendra Kumar,G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Mr. Narendra Kumar Singh, learned counsel has filed his vakalatnama on behalf of the opposite party no.2 today in the Court, which is taken on record.

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Heard Mr. Balram Singh, learned counsel for the applicants, Mr. Narendra Kumar Singh, learned counsel for the opposite party no.2 and learned AGA for the State.

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The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 28.10.2021 and cognizance order dated 29.01.2022 passed in Case Crime No.353 of 2021, under Sections 323, 504, 506 IPC, P.S.-Mawana, District-Meerut, pending in the court of Juvenile Justice Board, Meerut (State Vs. Akash Urf Lallu) on the basis of compromise.

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Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been entered into between the parties. In this regard, a compromise affidavit of both the parties has been filed before the court concerned, copy of the same has been annexed as Annexure No.5 of this application. Therefore, continuance of proceedings against the applicants would futile exercise and wastage of time of the Court and will be abuse of process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303.

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Learned AGA as well as learned counsel for opposite party no.2 also does not dispute the correctness of the submissions made by the learned counsel for the applicants.

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Whether a compromise has taken place or not can at best be ascertained by the court, where the proceedings are pending, after ensuring the presence of the parties before it.

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In view of the above, both the parties are directed to appear before the court below along with copy of compromise deed as well as a certified copy of this order within two weeks from today. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of one month from today. While passing the order verifying the compromise, the concerned court shall also record the statement of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not?

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Upon due verification of compromise, the court below may pass appropriate order in that regard and send a report to this Court.

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Put up this case on 16.10.2024, as fresh, showing the name of Mr. Narendra Kumar Singh as counsel for the opposite party no.2.

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Till then, no coercive measure shall be taken against the applicants in the aforesaid case.

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Order Date :- 11.9.2024 Jitendra/-

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Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad

Akash Alias Lallu and Another v. State of U.P. and Another

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Akash Alias Lallu and Another v. State of U.P. and Another

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