Smt. Preeti Singh v. State of U.P. and Another

Court No. - 4 Case :- APPLICATION U/S 482 No. - 40375 of 2023 Applicant :- Smt. Preeti Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suyash Mehrotra,Sudhir Mehrotra Counsel for Opposite Party :- G.A. Hon'ble Prakash Padia,J.

¶1Heard learned counsel for the applicant and learned A.G.A. for the State-respondents.

¶2The applicant has preferred the present Application under Sections 482 of Code of Criminal Procedure, 1973 with the prayer to quash the entire proceedings of Complaint Case No. 12510 of 2022 pending in the Court of learned Chief Judicial Magistrate, Agra ( State Versus Amit Kumar) rising out of Case Crime No. 540 of 2022, under Sections 427,452, 323, 504, 506 I.PC., Police Station Jagdishpura, District Agra.

¶3It is argued by the learned counsel for the applicant that in the proceeding initiated by the opposite party no.2 before this Court wherein the matter was referred to the Mediation Centre of this court and interim settlement-agreement has been made between the parties on 14.05.2023. It is mentioned in the agreement that parties have settled/withdrawn all the matter between them. It is argued submitted that when the application in this regard was filed by the applicant in the court below on 27.09.2023, but till date no final decision has been taken on the same. It is also argued that when the settlement has been taken place between the parties, the court below should not proceed further in the matter and dispose of aforesaid case in terms of the compromise as stated above.

¶4Sri D.K. Agrahari, learned cunsel for the opposite party no.2 has also admitted this face.

¶5Learned A.G.A. has no objection.

¶6Accordingly, the parties are directed to appear before the court below along with certified copy of this order and move a 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 six weeks thereafter.

¶7In 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.

¶8For a period of two months or till decision on the application, whichever is earlier, no coercive action shall be taken against the applicants.

¶9With the aforesaid observations, the application under Section 482 Cr.P.C. is disposed off. Order Date :- 2.11.2023 T.S. High Court of Judicature at Allahabad