Allahabad High Court
Rajneesh Singh @ Rajneesh Pratap Singh vs State Of U.P. Thru. Prin. Secy. Home ... on 23 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- APPLICATION U/S 482 No. - 8550 of 2022 Applicant :- Rajneesh Singh @ Rajneesh Pratap Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. And Another Counsel for Applicant :- Nijam Ahamad Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.
Shri Niyaz Ahmad, learned Advocate has filed his 'Vakalatnama' on behalf of the opposite party no.2. The same is taken on record.
Heard Shri Nijam Ahamad, learned counsel for applicant(s), Shri Niyaz Ahmad, learned counsel appearing for opposite party no.2 as well as learned A.G.A. for the State and perused the record.
The instant application under Section 482 Cr.P.C. has been filed by the applicant(s) namely Rajneesh Singh @ Rajneesh Pratap Singh with the prayer to quash the entire proceedings of Criminal Case No.1772 of 2016 (State Vs. Rajneesh Singh), arising out of Case Crime No.62 of 2016, under Section 323, 504, 506, 452, 354A I.P.C. and Section 3(1)(x) of the S.C./S.T. Act, Police Station Hanswar, District Ambedkar Nagar pending in the court of the Special Judge, S.C./S.T. Act, Ambedkar Nagar as well as impugned charge sheet no.17 of 2016 dated 05.08.2016 submitted therein in light of the compromise arrived at between the parties.
Learned counsel for applicant(s) as well as opposite party no.2 jointly submit that the dispute between the parties was pertaining to the piece of land and it is only on account of the same, the instant first information report has been lodged by the opposite party no.2 against the applicant, however, no incident with regard to the outraging modesty of the opposite party no.2 had actually happened.
It is further submitted that the parties during the course of trial has settled the dispute amicably and as no incident as mentioned in the F.I.R. had happened and also that the parties are living with peace after settlement of the dispute, pendency of the proceedings pending before the court below may generate another round of litigation between the parties, therefore, all the proceedings of the instant case pending before the court below be quashed.
Learned A.G.A. on the other hand submits that in the F.I.R., allegation of outraging modesty of the opposite party no.2 has been levelled.
Be that as it may, learned counsel for the opposite party no.2 has stated that no incident as shown in the F.I.R. had actually happened and the dispute between the parties was with regard to the immovable property as is also evident from the F.I.R, the parties appears to have settled the dispute amicably and they are living with peace after settlement of the dispute and the compromise arrived at between the parties has been placed on record.
Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the court below itself.
Accordingly, this application is disposed of with direction to the court concerned that if any such compromise is filed before it within a period of 10 days from today, it shall issue notice to all its signatories 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 verification report as well as compromise and it will be open to the applicant(s) to approach this Court again for quashing of the proceedings.
For a period of 30 days from today or till verification of the compromise by the trial court, whichever is earlier, the applicant(s) shall not be arrested in lieu of any coercive process, which might have been issued by the trial court in the above mentioned case.
Office is directed to return the original compromise deed to learned counsel for the applicant(s) after taking photocopy of the same on record.
Order Date :- 23.11.2022 Anupam S/-