Allahabad High Court
Smt. Nanhi Devi And Others vs State Of U.P. Thru. Prin. Secy. Deptt. ... on 13 September, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- APPLICATION U/S 482 No. - 6315 of 2022 Applicant :- Smt. Nanhi Devi And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home, Civil Sectt. Lko. And Another Counsel for Applicant :- Arun Kumar Singh,Karuna Shanker Rastogi Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.
Vakalatnama filed by Shri Karuna Kant Gupta, Advocate on behalf of opposite party No.2 and the same is taken on record.
Heard learned Shri Karuna Shankar Rastogi, counsel for the applicants and Shri Karuna Kant Gupta, learned counsel for opposite party No.2 as well as learned A.G.A. for the State (opposite party no.1) and perused the record.
The present 482 Cr.P.C. application has been filed by the applicants- Smt. Nanhi Devi, Smt. Devwati and Dinesh Singh @ Chhote Lal to quash the entire proceedings of criminal case as well as summoning order dated 13.09.2012 passed by Judicial Magistrate Mohammadi, District Kheri in Criminal Case No. 439 of 2016 (Old Case No. 952 of 2012), arising out of Case Crime No. 342 of 2012, under Sections 420, 467, 468, 471 IPC , Police Station Mohammadi, District Kheri pending in the court of Additional Chief Judicial Magistrate Mohammadi, District Kheri as well as to quash the impugned charge sheet of Criminal Case No. 439 of 2016, under Sections 420, 467, 468, 471 IPC, Police Station Mohammadi, District Kheri.
This is the second application moved under Section 482 Cr.P.C. by the applicants as their first application under Section 482 Cr.P.C. No.5536 of 2022 Smt. Nanhi Devi and another Vs. State of U.P. and another was dismissed as withdrawn with liberty to file fresh petition.
Learned counsel for the applicants as well as learned counsel for opposite party No.2 jointly submit that due to some misunderstanding an FIR was lodged by the opposite party no.2 against the applicants and charge sheet has also been filed therein and the offences were proved against the applicants.
They further submit that, all disputes pending between them have amicably settled and they have also been reduced into writing and the compromise in original has been placed as Annexure No.12 page 63 of the paper book and keeping in view the fact that the dispute between the parties was private in nature and the interest of the society and public at large was not at stake and the proceedings before the trial court are nothing but the abuse of process of law and therefore the same may be quashed.
Learned A.G.A. would have no objection to the prayer made by learned counsel for applicant(s) as well as opposite party no.2 on the basis that the dispute between the parties is of purely personal in nature and the same has been settled by entering into compromise.
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 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 two months from today, the applicant(s) shall not be arrested in lieu of any warrant etc., 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 applicants after taking photocopy of the same on record.
Order Date :- 13.9.2022 Muk