In an application under Sections 482 Cr.P.C. and 528 BNSS, the High Court instructed the trial court to verify a claimed compromise deed. The application was disposed of without quashing proceedings, directing the parties to verify the settlement before the trial court within two weeks.
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Neutral Citation No. - 2024:AHC-LKO:56622
Court No. - 13
Case :- APPLICATION U/S 482 No. - 7258 of 2024
Applicant :- Vijay Kumar Pandey And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Vinod Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Sri Anuj Kumar Mishra, Advocate, has put in appearance for the private opposite party no. 2 and has filed his Vakalatnama, which is taken on record.
Heard learned counsel for the applicant(s), learned AGA for the State and perused the record.
Instant application under Section 482 Cr.P.C./Section 528 Bharatiya Nagrik Suraksha Sanhita (in short "BNSS") has been preferred by the applicant(s)/petitioner(s) for quashing criminal proceedings of Criminal Case No. 4165 of 2018, arising out of Case Crime No. 575 of 2017 under Section 504, 452, 308 IPC, P.S.Mahrajganj, District-Faizabad now Ayodhya as well as Charge Sheet No. 01/2018 dated 02.01.2018.
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. 4 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, if any, 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 eight weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case.
Order Date :- 20.8.2024 Vinay/-
Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether criminal proceedings under Sections 504, 452, 308 IPC can be quashed in view of an alleged settlement between parties.
2 provisions across 2 enactments
Vijay Kumar Pandey
State Of U.P.
Saurabh Lavania
As recorded by the court registry
2 orders share this CNR
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