Allahabad High Court
Ram Kumar Rawat vs State Of U.P. And Another on 19 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 82 Case :- APPLICATION U/S 482 No. - 16856 of 2022 Applicant :- Ram Kumar Rawat Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rohit Shukla Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State - opposite party.
The present 482 Cr.P.C. application has been filed with a prayer to allow this application and quash the cognizance order dated 16.11.2021 passed by Learned Judicial Magistrate, Mathura as well as entire proceedings of Case No.11047 of 2021 (State Vs. Raj Kumar Rawat), arising out of Case Crime No.29 of 2020, under Sections 420, 467, 468, 471, 120B, 504, 506 IPC, Police Station Highway, District Mathura, pending in the court of Judicial Magistrate, Mathura on the basis of compromise application dated 11.11.2021 with a further prayer to stay the further proceeding of aforesaid case.
Learned counsel for the applicants submits that applicant has amicably compromised his dispute and in respect thereof, he has annexed a compromise deed endorsed as Annexure - 4 to the affidavit, 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 before the court concerned.
Both the parties are directed to appear before the concerned court below on 02.08.2022 and file their compromise 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 applicant to approach this Court again for quashing of the proceedings.
For a period of three months, no coercive action shall be taken against the applicant in the aforesaid case.
Order Date :- 19.7.2022 Mini