Allahabad High Court
Prahlad Singh And Another vs State Of U.P. And Another on 18 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 82 Case :- APPLICATION U/S 482 No. - 19914 of 2022 Applicant :- Prahlad Singh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajendra Prasad Tiwari Counsel for Opposite Party :- G.A.,Vineet Tiwari Hon'ble Brij Raj Singh,J.
Heard Sri Rajendra Prasad Tiwari, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Criminal Case No. of 2021 (State Vs. Prahlad Singh & others) arising out of Case Crime No. 532 of 2019, under Section 387 I.P.C., Police Station- Sipari Bazar, District- Jhansi, pending in the Court of C.J.M. Jhansi in terms of compromise dated 07.06.2022.
Learned counsel for the applicants submits that applicants have amicably compromised their dispute and, therefore, the aforesaid case may be decided in terms of the compromise between the parties.
Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below as such compromise has to be duly verified in presence of the parties concerned before the Court.
Both the parties are directed to appear before the concerned court below on 28.07.2022 and file their comprise application. The court below is directed to pass an order on the said compromise application and all formalities completed within eight weeks from that date. The concerned Magistrate will sent a report to this Court whether the said compromise took place or not.
Accordingly, the present application stands disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings.
For a period of three months, no coercive action shall be taken against the applicants in the aforesaid case.
Counsel for the applicant is directed to inform the counsel for the opposite party No. 2, if any, before the court below or the opposite party No. 2 itself regarding the date fixed by this Court for appearing before the court below.
Order Date :- 18.7.2022 Krishna*