Single judge quashed no relief granted. Directed applicants to file compromise in Trial Court within 1 weeks for verification and lifted coercive action for 8 weeks pending verification.
No quashing granted; parties directed to file compromise in Trial Court for verification; coercive action stayed for 8 weeks pending verification.
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Neutral Citation No. - 2024:AHC-LKO:65712
Court No. - 13
Case :- APPLICATION U/S 482 No. - 8543 of 2024 Applicant :- Girish And 4 Others Opposite Party :- State Of U.P And 7 Others Counsel for Applicant :- Anita Singh Nagore Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard.
The instant application has been filed for the following main relief:-
"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may Kindly be pleased to quash the impugned criminal proceeding in Session Trial no. 15/2020, arising out of case crime no. 0092/2018, U/s 147, 148, 149, 323,504,308,325 I.P.C., at P.S- Fatehpur-84, District Unnao, in the matter of State vs. Vinod Kumar and others, pending before the Additional session judge court no.1, District Unnao, may kindly be decided in terms of compromise, between the O.P. no. 2 to 8 and the petitioners they have entered into compromise and they have settled their dispute outside the court as such, they do not want to contest the case further. Annexed as Annexure No.4."
Learned counsel for the applicants submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise. 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, the instant application is disposed of finally in following terms:-
(i) The parties to the proceedings i.e. Session Trial no. 15/2020 (supra), shall appear before the concerned Court within four weeks from today and file the compromise.
(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 applicants 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 applicants, 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 applicants in the aforesaid case.
Order Date :- 23.9.2024
Jyoti/-
Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the criminal proceedings under U/s 482 CrPC can be quashed upon an alleged compromise between the parties.
Whether the alleged compromise requires verification by the Trial Court before quashing proceedings.
Girish And 4 Others
Saurabh Lavania
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
