Surendra Tiwari and 3 Others v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 39412 of 2023 Applicant :- Surendra Tiwari And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Tripathi Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Sri Girish Kumar, Advocate, has filed his Vakalatnama on behalf of opposite party no. 2, which is taken on record.

¶2Heard learned counsel for applicants, learned counsel for opposite party no. 2 and the learned A.G.A.

¶3This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Case No. 35 of 2020 (State vs. Surendra Tiwari & others), arising out of Case Crime No. 83 of 2019, under Sections 323, 384, 504, 506, 507 IPC , Police Station Jagner, District Agra, as well as charge sheet dated 11.08.2019 and summoning order dated 06.01.2020, pending in the court of Additional Chief Judicial Magistrate, Court No. 03, Agra.

¶4Learned counsel for the applicants submits that the applicants and the opposite party no. 2 have reconciled their differences and a compromise has been entered between them, and the compromise deed is annexed as annexure-4 to the affidavit. 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.

¶5Learned AGA, 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 along with copy of compromise between the parties, which will be decided in accordance with law.

¶6In view of the above, the applicants and the opposite party no. 2 are directed to appear before the court below along with compromise and an application for verification of compromise deed so filed as well as a certified copy of this order within four weeks from today. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring their presence, 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 today. While passing the order verifying the compromise, the concerned court shall also record the statement of the applicants and the opposite party no. 2 as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not.

¶7The court in that scenario will allow the applicants and the opposite party no. 2 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.

¶8For a period of two months, no coercive action shall be taken against the applicants in the aforesaid case.

¶9With the aforesaid directions, this application is finally disposed of. Order Date :- 9.11.2023 v.k.updh. High Court of Judicature at Allahabad