Shivnath Sonkar and 7 Others v. State of U.P. and 4 Others

Court No. - 91 Case :- APPLICATION U/S 482 No. - 37616 of 2023 Applicant :- Shivnath Sonkar And 7 Others Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Sundeep Shukla Counsel for Opposite Party :- G.A. 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 entire proceedings of Case No. 10320 of 2022 (State vs. Shivnath Sonkar and Others) arising out of Case Crime No. 216 of 2015, under Sections 147, 323, 506, 336 I.P.C., P.S. Sadar Bazar, District Meerut, pending in the court of Judicial Magistrate-3, Meerut and charge-sheet dated 13.11.2016 and cognizance order dated 01.12.2016, order dated 20.02.2023 and order dated 23.06.2023 rejecting the compromise application.

¶3Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them. Submission is that the learned court below has vide its order dated 23.06.2023 has rejected the compromise application. It is also submitted that vider order dated 11.9.2023 passed by co-ordinate Bench of this court in Application U/s 26605 of 2017, extension for verification for compromise was granted by this court. Therefore, one opportunity may be granted to file compromise application before the court concerned.

¶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 applicants 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 and file a fresh application for compromise in the light of order passed by this court vide orderd dated 11.9.2023 along with compromise deed as well certified copy of this order within five 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 :- 18.10.2023 Shiv High Court of Judicature at Allahabad