Satish Yadav v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 39183 of 2023 Applicant :- Satish Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Chandra Agrahari Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicant, learned counsel for the opposite party no.2 and learned A.G.A. for the State and perused the record. Short-counter affidavit annexing compromise deed filed today is taken on record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge sheet dated 19.08.2022 and cognizance/summoning order dated 30.08.2022 as well as the entire proceedings of Criminal Case No.140463 of 2022, arising out of Case Crime No.32 of 2022, under Sections 323, 504, 506, 452, 342, 365 IPC, P.S. Hanumant Vihar, District Kanpur Nagar in pursuance of compromise.

¶3Learned counsel for the applicant submits that the parties have reconciled their differences and a compromise has been entered between them. 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. and learned counsel for the opposite party no.2, 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 compromise deed within a period of four 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 applicant to approach this Court again for quashing of the proceedings.

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

¶8With the aforesaid directions, this application is finally disposed of. Order Date :- 8.11.2023 Sanjeet High Court of Judicature at Allahabad