Allahabad High Court
Kaushaladhish And Others vs State Of U.P. Thru. Prin. Secy. Deptt. ... on 17 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 28 Case :- APPLICATION U/S 482 No. - 3640 of 2023 Applicant :- Kaushaladhish And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home, Lko. And 2 Others Counsel for Applicant :- Ram Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
Sri Ram Kripal Yadav,Advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite parties nos. 2 & 3 and the same is taken on record.
Heard learned counsel for the applicants, Sri Ram Kripal Yadav, learned counsel for opposite parties nos. 2 & 3, learned A.G.A. for the State and perused the record.
The instant application under Section 482 Cr.P.C. has been filed for quashing of the entire proceedings of Sessions Trial No. 235 of 2015, arising out of Case Crime No. 104 of 1990, under sections 147,323,336,504,506,308 I.P.C., Police Station-Sammanpur, District-Ambedkar Nagar as well as the Chargesheet dated 23-12-1990 submitted by the Investigating Officer and the summoning order dated 30-01-1991.
Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the instant case. He next added that due to some misunderstanding, the instant F.I.R. has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 22-02-2023, which has been annexed as annexure no. 5 to the instant application. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicants are the futile exercise as there is no fate of trial and that is amount to harassment of the applicants and thus, the criminal proceedings against the applicants may be quashed.
On the other hand, learned counsel appearing for the opposite parties no. 2 & 3 has supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably through a compromise deed and there is no further grievance of the opposite parties against the present applicants and the criminal proceedings against the applicants may be dropped.
Learned A.G.A. appearing for the State has no objection to the contentions aforesaid.
Now 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.
Accordingly, this application is 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 applicants to approach this Court again for quashing of the proceedings.
For a period of one month, the proceedings initiated in pursuance of Sessions Trial No. 235 of 2015, arising out of Case Crime No. 104 of 1990, under sections 147,323,336,504,506,308 I.P.C., Police Station-Sammanpur, District-Ambedkar Nagar as well as the Chargesheet dated 23-12-1990 submitted by the Investigating Officer and the summoning order dated 30-01-1991, shall remain stayed so far as applicants are concerned.
The trial court is further directed for ensuring the fact that all the parties against whom the chargesheet was filed are present before the trial court and a report with respect to this effect shall also be sent alongwith verification order.
The office shall return back the original compromise deed to learned counsel for the applicants within a week.
Order Date :- 17.4.2023 AKS