Chandra Prakash and 5 Ors v. State of U.P. and Anr

Court No. - 91 Case :- APPLICATION U/S 482 No. - 6362 of 2019 Applicant :- Chandra Prakash And 5 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ajai Kumar,Bhaskar Singh Counsel for Opposite Party :- G.A.,Mayank Yadav,Vivek Kumar Singh Hon'ble Gajendra Kumar,J.

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

¶2This application under Section 482 Cr.P.C. has been filed by the applicants to quash the summoning order dated 5.11.2018 passed by Additional Session Judge/ Special Judge D.A.A., Budaun, as well as complete proceeding of Complaint Case No.258 of 2017, under section 395 IPC, Police Station Ughaiti, District Budaun, pending in the Additional Session Judge/ Special Judge, D.A.A, Budaun, in pursuance of compromise dated 28.08.2023.

¶3Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them, copy of compromise deed dated 25.02.2022 has been annexed as Annexure SA-1 to this supplementary affidavit in connected Application U/S 482 No.37627 of 2018. 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 process of law.

¶4Learned A.G.A., 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 applicant 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.

¶5In view of above, without expressing any opinion on the merit of the case, both the parties are directed to appear before the Court below along with compromise deed as well certified copy of this order within two weeks from today. It is expected that Court below 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 two 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 Court concerned 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?

¶6The 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.

¶7For a period of two months, no coercive action shall be taken against the applicants in the aforesaid case.

¶8With the aforesaid directions, this application is finally disposed of. Order Date :- 31.10.2023 SFH High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad