Allahabad High Court
Usman And 2 Others vs State Of U.P. And Another on 16 January, 2024
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:7018 Court No. - 87 Case :- APPLICATION U/S 482 No. - 46284 of 2023 Applicant :- Usman And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Shoeb Khan Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings as well as charge-sheet dated 29.6.2016 of Case No. 1388 of 2018 (State vs. Ayub Khan and others) under Sections 323, 506, 382 I.P.C., arising out of Case Crime No. 616 of 2016, under Sections 323, 506, 384 I.P.C., P.S. Kotwali Padrauna, District Kushinagar, on the basis of compromise between the parties.
3. Learned counsel for the applicants submits that the applicants and the opposite party no.2 have reconciled their differences and a compromise has been entered between them, copy of compromise deed dated 28.8.2023 has been annexed as Annexure 4 to this affidavit wherein it has been mentioned that opposite party no.2 does not want to press the case. Therefore, no useful purpose would be served in continuing the proceedings before the Court concerned and the same is not only sheer wastage of time of the Court but also abuse of process of law.
4. Learned A.G.A., however, submits that it is the concerned court, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court and move an application with respect to compromise between the parties, which will be decided in accordance with law.
5. In view of above, without expressing any opinion on the merit of the case, both the parties are directed to appear before the Court concerned along with compromise deed as well certified copy of this order within three weeks from today. It is expected that the concerned Court may fix a date for the verification of the compromise and after ensuring the presence of the parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the Court concerned shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not?
6. 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.
7. Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case.
8. With the aforesaid directions, this application is finally disposed of.
Order Date :- 16.1.2024 S.S.