Disposed
Ramvir Singh and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others
Allahabad HCA482/9013/2024
What the court decided
AI extract
Outcome
Disposed
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Neutral Citation No. - 2024:AHC-LKO:69109
Court No. - 13
Case :- APPLICATION U/S 482 No. - 9013 of 2024
Applicant :- Ramvir Singh And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Alok Kumar Singh,Jaydeep Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Sri Vineet Kumar Chaurasia, Advocate, has put in appearance for the private opposite parties and has filed his Vakalatnama, which is taken on record.
Heard learned counsel for the parties and perused the record.
Instant application has been preferred by the applicant(s) for the following main relief:-
"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings arising out of impugned Charge sheet bearing No.23/2007 dated 28.05.2007 filed in S.T. No.1047/2008 (State Vs. Puttan Singh & others) Case Crime No.82/2007, Under Section-307, 323 & 504 I.P.C. & Section 3 (1) (X) S.C./S.T. Act, Police Station-Mall, District-Lucknow and summoning order dated 04.07.2007 passed by learned Additional Civil JudgeVIII, (J.D.), Lucknow, as contained in Annexure No. 1 & 2 to this Application and further proceedings arising out from the same."
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. 10 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 four 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 :- 4.10.2024 Arun/-
Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether applicant's application for quashing criminal proceedings under Section 482 CrPC ought to be accepted given the alleged settlement.
Whether compromise deed signed by parties requires verification by trial court before quashing of proceedings can be ordered.
Ramvir Singh And 2 Others
Saurabh Lavania
Arun Kumar Gangwar
As recorded by the court registry
2 orders share this CNR
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