Allahabad High Court
Sumit And Others vs State Of U.P. Through Its Principal ... on 13 September, 2022
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 86 Case :- APPLICATION U/S 482 No. - 23780 of 2021 Applicant :- Sumit And Others Opposite Party :- State Of U.P. Through Its Principal Secretary (Home) And Another Counsel for Applicant :- Laloo Yadav Counsel for Opposite Party :- G.A.,Alind Kumar Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State as well as Shri Laxmi Shankar Yadav, learned Advocate holding brief of Shri Alind Kumar, learned counsel for respondent no. 2.
Learned counsel for the petitioners submits that initially the F.I.R. was lodged under Section 498A/323/506/376/307 I.P.C. and Section 3/4 of D.P. Act. After investigation the charge sheet was filed under Section 498A/323/506 I.P.C. and Section 3/4 of D.P. Act only and Sections 376 and 307 I.P.C. were dropped.
Learned counsel for the petitioners further submits that the parties have amicably resolved their dispute outside the Court and have entered into compromise. The compromise has been filed along with counter affidavit dated 04.02.2022 which is on record.
Learned counsel for respondent no. 2 does not dispute this fact and he has stated that the matter is liable to be referred to the trial court for verification of the compromise so that on the basis of the verification report, the proceedings may be quashed.
On due consideration to the argument advanced as well as perusal of the record, so also the law laid down by the Apex Court in the case of "Gian Singh Vs. State of Punjab" reported in "(2012) 10 SCC 303", the petition is disposed of with the consent of the parties with a direction that the petitioners and respondent no. 2 shall appear before the learned trial court along with original copy of the compromise on 27.09.2022 and the trial court shall verify the compromise in presence of the parties within one week thereafter and keep a report of the verification on the record of the Court after providing its copies to the parties.
Liberty to the parties is granted to approach this Court again for quashing of the proceedings on the basis of compromise and its verification.
The proceedings of case crime No. 0004/2021, under Section 498A/323/506/376/307 I.P.C. and under Section 3/4 of D.P. Act, P.S. Mahila Thana, District Moradabad, shall remain in abeyance for a period of two months from today.
Office is directed to return the certified copies filed along with the petition to learned counsel for the petitioners as per Rules of the Court.
Order Date :- 13.9.2022 RC