Vikram and 5 Others v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 32421 of 2023 Applicant :- Vikram And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Mishra Counsel for Opposite Party :- G.A.,Grijesh Kumar Shukla Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicants, learned Additional Government Advocate for the State, learned counsel for the opposite party no.2 and perused the record. 2-This application under Section 482 Cr.P.C. has been filed by the applicants to quash the summoning order dated 23.09.2021 and proceedings of Criminal Case No. 50323 of 2021 (State Vs. Vikram and others) arising out of Case Crime No. 98 of 2019, under Sections 147, 452, 323, 324 I.P.C., Police Station-Sadar Bazar, District-Agra, pending in the court of learned Chief Judicial Magistrate, Agra. 3-It is submitted by the learned counsel for the applicants that opposite party no.2 lodged F.I.R. on

06.02.2019, under Sections 147, 452, 323, 392, 354 I.P.C. against the applicants, in which Investigating OfÏcer after culmination of investigation submitted charge-sheet on 19.03.2020, on which the Magistrate concerned took cognizance and summoned the applicants on 23.09.2021. Thereafter, the parties concerned entered into a compromise outside the Court and settlement arrived at between the parties concerned. 4-It is also submitted that the compromise application dated 17.02.2023 has been filed before the concerned court below, where criminal proceeding against the applicants is pending. Said compromise application has been brought on record as Annexure No. 4 to this application. 5-Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below, as such said compromise has to be duly verified in presence of the parties concerned before the Court. 6-Accordingly, the concerned court below is directed that if any such compromise has already been filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. 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 court concerned, no coercive action shall be taken against the applicants in the aforesaid case. 8-With the aforesaid directions the application stands disposed of. Order Date :- 27.10.2023 Kashifa High Court of Judicature at Allahabad