Allahabad High Court
Tejpal Singh vs State Of U.P. on 19 October, 2022
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 85 Case :- APPLICATION U/S 482 No. - 14047 of 2016 Applicant :- Tejpal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar,Ajay Vikram Yadav Counsel for Opposite Party :- G.A.,Rahul Chaturvedi Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Ajay Kumar, learned counsel for the applicant, Mr. Santosh Kumar Singh, learned counsel for the opposite party no.2 and Mr. Amit Singh Chauhan, learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the impugned order dated 04.07.2015 as well as the entire proceedings of Case No.3202/2007 (State vs. Tejpal Singh & others), under Sections 420, 467, 468, 471, 120B IPC, Police Station-Kotwali Mathura, District-Mathura, pending in the Court of Additional Chief Judicial Magistrate, Court No.2, Mathura.
Learned counsel for the parties submits that during pendency of the present case, the parties have amicably settled their dispute and have entered into compromise. In this regard, an application on behalf of both the parties has been filed before the court below stating therein that they have entered into compromise and they do not want to press the case, copy of said application has been annexed as Annexure no.SA-2 to the supplementary affidavit. Therefore, no useful purpose would be served in continuing the proceedings before the court below and the same is not only sheer wastage of time of the Court but also abuse of the process of law.
Learned AGA, however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law.
In view of the above, both the parties are directed to appear before the court below along an application for verification of compromise as well as a certified copy of this order within two weeks from today. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from today. While passing the order verifying the compromise, the concerned court shall also record the statement of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not?
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.
Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 19.10.2022 Jitendra/-