Sandesh @ Sandesha and 3 Others v. State of U.P. and Another

Court No. - 4 Case :- APPLICATION U/S 482 No. - 38232 of 2023 Applicant :- Sandesh @ Sandesha And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Dixit Counsel for Opposite Party :- G.A. Hon'ble Prakash Padia,J.

¶1Heard learned counsel for the applicants and learned A.G.A. for the State.

¶2The applicants have preferred present Application under Section 482 of Code of Criminal Procedure, 1973 with the prayer to quash the charge sheet dated 30.05.2023 and cognizance order dated

26.06.2023 as well as entire proceeding against the Applicants in S.C. No. 1021 of 2023, (Registration No. 13089 of 2023) (CNR No. UPET 04019542202) (State Versus Sandesh @ Sandesha and others) arising out of Case Crime no.17 of 2022, under Section 307, 352, 323, 506, 336 I.P.C. and 3/25 Arms Act, P.S. Nayagaon, District Etah on the basis of compromise.

¶3It is stated by counsel for the applicants that a compromise has already been taken place between the parties on 28.08.2023, copy of which is appended as annexure 5 to the present petition. It is informed that the matter is pending since 2022. On the basis of which it is argued that the court below be directed to pass appropriate orders and till then no coercive action shall be taken against the applicants.

¶4Learned AGA has no objection.

¶5Accordingly, the parties are directed to appear before the court below along with certified copy of this order and move an proper application along-with original copy of the compromise deed executed between them for verification of the aforesaid compromise within a period of three weeks from today. If such an application along with compromise deed is filed within stipulated period, the court below is directed to verify the contents of the aforesaid compromise and after verifying the same, obtained the signatures of the parties to the aforesaid compromise and both the parties put their signatures and made statement that they were entered into the compromise voluntarily within a period of four weeks thereafter.

¶6In case, the Court concerned finds that the parties have entered into the compromise voluntarily and they do not want to proceed with the matter, the Court below will pass appropriate orders in the matter within six weeks thereafter.

¶7For a period of two months or till decision on the application, whichever is earlier, no coercive action shall be taken against the applicants.

¶8With the aforesaid observations, the application under Section 482 Cr.P.C. is disposed off. Order Date :- 13.10.2023 Pramod Tripathi High Court of Judicature at Allahabad