Allahabad High Court
Krishna Kant Tiwari And 3 Others vs State Of U.P And Another on 2 March, 2023
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- APPLICATION U/S 482 No. - 39505 of 2022 Applicant :- Krishna Kant Tiwari And 3 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Sarvesh Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
As per the office report dated 01.03.2023, notice issued to opposite party no.2 has not returned.
Heard Mr. Sarvesh Kumar Dubey, learned counsel for the applicants, Mr. Pankaj Srivastava, learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No.3773 of 2022 (State vs. Krishna Kant Tiwari & others), arising out of Case Crime No.399 of 2021, under Sections 324,308, 323, 504 IPC, Police Station-Kotwali Kannauj, District-Kannauj, pending in the Court of Chief Judicial Magistrate, Kannauj, on the basis of compromised.
Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered into between them, copy of compromise application has been annexed as Annexure no.5 to this application. 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 with a certified copy of this order within two weeks from today and be permitted to file a proper compromise deed. 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 :- 2.3.2023 Jitendra/-