Smt. Lilawati and Others v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 15363 of 2012 Applicant :- Smt. Lilawati And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Vashistha Counsel for Opposite Party :- Govt. Advocate,Nishant Mehrotra,R.P.S. Chauhan,Sudhir Kumar Hon'ble Gajendra Kumar,J. Heard learned counsel for applicants, learned counsel for opposite party no. 2 and the learned A.G.A. This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 30.11.2011 as well as entire proceeding of Case No. 3487 of 2011, under Sections 147, 498A, 323, 326, 504, 506 IPC, Police Station Civil Lines, District Budaun, pending in the court of Chief Judicial Magistrate Budaun. Learned counsel for the applicants submits that the parties have amicably settled their dispute outside the court, and a compromise deed has been filed before the court concerned which is pending. It is further submitted that a direction be issued to the court concerned to verify the same and submit its report before this Court. 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 along with copy of compromise between the parties, which will be decided in accordance with law. In view of the above, the applicants and the opposite party no. 2 are directed to appear before the court below along with compromise and an application for verification of compromise deed so filed as well as a certified copy of this order within two weeks from today. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring their presence, 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 applicants and the opposite party no. 2 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 applicants and the opposite party no. 2 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. For a period of two months, 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 :- 26.10.2023 v.k.updh. High Court of Judicature at Allahabad