Allahabad High Court
Pappu Singh @ Arvind Kumar Singh @ Arvind ... vs State Of U.P. Thru. Prin. Secy. Lko. And ... on 10 December, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:82628 Court No. - 28 Case :- APPLICATION U/S 482 No. - 11211 of 2024 Applicant :- Pappu Singh @ Arvind Kumar Singh @ Arvind Pratap And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. And Another Counsel for Applicant :- Anil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.
1. Parcha filed by Shri Dharmendra Pratap Singh and Shri Amit Kumar Tiwari, Advocates on behalf of opposite party no. 2 is taken on record.
2. Heard learned counsel for the applicants, learned A.G.A. for the State, learned counsel for opposite party no. 2 and perused the record.
3. The present application has been filed for quashing of the entire proceedings of Case No.12087 of 2023, (State vs. Pappu Singh @ Arvind Kumar Singh and others) arising out of Case Crime No.249 of 2022, under Sections 406, 420 IPC, Police Station Kotwali Nagar, District Faizabad pending in the court of Chief Judicial Magistrate, Faizabad as well as charge sheet No.680 of 2022 dated 26.12.2022 and cognizance order dated 11.09.2023 on the basis of compromise entered into between the parties.
4. Learned counsel for the applicants submits that applicants have amicably compromised their dispute and in respect thereof, they have annexed original compromise deed dated 16.11.2024 appended as Annexure No.4 to this application, which has been filed before the court below, therefore, the aforesaid case may be decided in terms of the compromise between the parties.
5. 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 below itself.
6. Both the parties are directed to appear before the concerned court below on 16.12.2024. 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.
7. Accordingly, the present application stands disposed of with a direction to the court concerned that if any such compromise is filed before it or has been already filed, 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.
8. For a period of three months, no coercive action shall be taken against the applicants in the aforesaid case.
9. Registry is directed to hand over the original copy of the compromise to the learned counsel for the applicants after taking photocopy of the same.
Order Date :- 10.12.2024 Pks