Allahabad High Court
Suhel And Others vs State Of U.P. And Another on 15 February, 2024
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:25993 Court No. - 87 Case :- APPLICATION U/S 482 No. - 678 of 2024 Applicant :- Suhel And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avdhesh Kumar,G.A. Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No. 26055 of 2023 (State vs. Suhel and others), pending in the court of Additional Chief Judicial Magistrate-1st, Moradabad in pursuance of charge-sheet dated 14.9.2021 in Case Crime No. 361 of 2021, under Sections 147, 452, 427, 323, 504, 506 I.P.C., P.S. Katghar, District Moradabad cognizance order dated 4.6.2023 passed by A.C.J.M, New Court No.2, Moradabad, 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 15.12.2023 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 :- 15.2.2024 S.S.