Allahabad High Court
Mahendra Gihar And 6 Others vs State Of U.P. And Another on 24 July, 2023
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:147464 Court No. - 4 Case :- APPLICATION U/S 482 No. - 26380 of 2023 Applicant :- Mahendra Gihar And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailesh Kumar Counsel for Opposite Party :- G.A.,Saurabh Tripathi Hon'ble Prakash Padia,J.
1. Heard learned counsel for the applicants, Sri Saurabh Tripathi, Advocate has put up his appearance on behalf of opposite party no. 2 and learned A.G.A. for the State
2. The applicants have preferred the present Application under Section 482 of Code of Criminal Procedure, 1973 with the prayer to quash the charge sheet dated 17.12.2020, cognizance order dated 22.6.2021 as well as entire proceedings of Case No. 2388 of 2021 (State Vs/ Mahendra Gihar and others), arising out of Case Crime No. 730 of 2020, under Sections 147, 148, 149, 452, 323, 504, 506 IPC, Police Station Kotwali Kannauj, District - Kannauj pending in the Court of Chief Judicial Magistrate, Kannauj, District - Kannauj.
3. It is argued that by learned counsel for opposite party no. 2 that wife has already submitted an application before the court below with the affidavit that she wants to compromise in the case in question.
4. In this view of the matter, learned counsel for the applicants undertakes that they will also file compromise application duly signed by the applicants as well as opposite party no. 2 before the court below.
5. In the circumstances of the case, the parties are directed to move a compromise application signed by all the parties before the court below before whom the proceedings are going on. If such a compromise application is filed within a period of two weeks from today, the court below is directed to verify the contents of the aforesaid compromise and after verifying the same, obtained the signatures of the parties to the aforesaid compromise and both the parties put their signatures and made statement that they were entered into the compromise voluntarily.
6. In case, the Court concerned finds that the parties have entered into the compromise voluntarily and they do not want to proceed with the matter, the Court below will pass appropriate orders in the matter within four weeks thereafter.
7. Within a period of two months from today or till disposal of the aforesaid compromise application, whichever is earlier, no coercive action be taken against the applicants in Case Crime No. 730 of 2020, under Sections 147, 148, 149, 452, 323, 504, 506 IPC, Police Station Kotwali Kannauj, District - Kannauj pending in the Court of Chief Judicial Magistrate, Kannauj, District - Kannauj.
8. It is made clear that the court below will pass a speaking order on the compromise application strictkly in accordance with law withing being influenced by the observations made by this court in this order.
9. With the aforesaid observations, the application under Section 482 Cr.P.C. is disposed off.
Order Date :- 24.7.2023 S.K.S.