Allahabad High Court
Dhyan Singh vs State Of U.P. And 5 Others on 13 July, 2022
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 81 Case :- APPLICATION U/S 482 No. - 7364 of 2022 Applicant :- Dhyan Singh Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Zaheer Asghar,Syed Ahmed Faizan Counsel for Opposite Party :- G.A.,Fatma Anjum,Muqeem Ahmad Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Syed Ahmed Faizan, learned counsel for the applicants, Ms. Fatma Anjum, learned counsel for the opposite party no.2 and Mr. Madnesh Prasad Singh, learned counsel for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No. 516 of 2003 (New Case No.2178 of 2019) (State vs. Dhyan Singh), arising out of Case Crime No.21 of 2002, under Sections 194, 420, 467, 468, 471 IPC, Police Station-Amroha Dehat, District-Amroha, pending before the court of Additional Judicial Magistrate, Amroha.
Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them out of court. In this regard, an application has been filed before the concerned court below stating therein that they have amicably settled the disputes and they do not want to press the case. 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 :- 13.7.2022 Jitendra/-