Allahabad High Court
Prince And 9 Others vs State Of U.P. And 4 Others on 27 May, 2024
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:95792 Court No. - 86 Case :- APPLICATION U/S 482 No. - 8611 of 2024 Applicant :- Prince And 9 Others Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Rakesh Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicants and Sri V.P. Tripathi, learned A.G.A. for the State.
2. The present application U/s 482 Cr.P.C. has been filed with the prayer to quash the charge dated 09.10.2023 as well as the cognizance order dated 04.12.2023 and the entire proceedings of Case No. 14437 of 2023 (State vs. Prince and others), arising out of Case Crime No. 34 of 2023, under Sections 147, 148, 149, 452, 323, 504, 506, 325 IPC, Police Station- Ankur Vihar, District- Gramin (Commissionerate Ghaziabad), pursuant to compromise deed dated 29.08.2023.
3. Counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them, copy of the compromise deed dated 29.08.2023 has been annexed as Annexure-5 to the 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 trial court and the same is not only sheer wastage of time of the Court but also abuse of process of law.
4. Learned AGA, however, submits that it is the trial court, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the trial 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, both the parties are directed to appear before the trial court along with compromise deed as well certified copy of this order within three weeks from today. It is expected that trial 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 trial Court 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 trial court, 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 :- 27.5.2024 Sachin Mishra