Disposed

Surendra and 5 Others v. State of U.P. and Another

Allahabad HC27 Nov 2024A482/39519/2024

Case brief

AI extract

What is this about?

This Single Judge Court directed parties to appear before the trial court to verify a compromise deed filed by applicants in a Section 482 application seeking quashment of criminal proceedings based on Sections 498A IPC and Section 3/4 DP Act. The court did not decide on quashment at this stage.

What did the court decide?

Directing parties to appear before trial court for verification of compromise deed.

Surendra and 5 Others vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Court No. - 52

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Case :- APPLICATION U/S 482 No. - 39519 of 2024

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Applicant :- Surendra And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aman Kumar,Rahul Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the material on record.

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The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 17.12.2016 along with Cognizance order dated 02.01.2017 and the entire proceeding of Case No.13715 of 2016, arising out of Case Crime No.92 of 2015 (State vs. Surendra Kumar and Others), under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Mahila Thana, DistrictBareilly as well as stay the further proceeding of the aforesaid case, pending in the court of Chief Judicial Magistrate, Bareilly, 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. The copy of the said compromise/mutual deed, filed before the court below, is annexed as Annexure No.3 to this application. Therefore, continuance of proceedings against the applicants would be a 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 A.G.A. 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. It is expected that the trial court may fix a date for the verification of the compromise and

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after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, after hearing the informant, 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 6^th January, 2025, as fresh.

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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 :- 27.11.2024 Kalp Nath Singh

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Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad

Surendra and 5 Others v. State of U.P. and Another

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Surendra and 5 Others v. State of U.P. and Another

Case brief

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