Piyush Kumar Goel and 2 Others v. State of U.P.And Anothers

Court No. - 91 Case :- APPLICATION U/S 482 No. - 42101 of 2023 Applicant :- Piyush Kumar Goel And 2 Others Opposite Party :- State Of U.P.And Anothers Counsel for Applicant :- Kaushal Kumar Pandey,Anand Ji Mishra Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

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

¶2This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of charge sheet dated 09.01.2020 along with cognizance order dated 13.03.2020 as well as Case No. 4875 of 2020 (State vs. Piyush & others), arising out of Case Crime No. 169 of 2019, under Sections 498A, 323 IPC and Section 3/4 D.P. Act, Police Station Mahila Thana, District Meerut, pending in the court of Civil Judge (FTC) Crime Against Women, Meerut, on the basis of compromise Agreement/Application dated

15.03.2023.

¶3Learned counsel for the applicants submits that the applicants and the opposite party no. 2 have settled their differences and a compromise application has been filed before the court below, which was rejected by Civil Judge (Junior Division) Fast Track Court (Crime Against Women), Meerut, vide order dated

15.03.2023 by observing that the offence under Sections is not compoundable. The applicants have come up to this Court and prayed that on the basis of compromise, the trial of the case may be quashed.

¶4In view of the above, this application is disposed of with a direction to the parties to move fresh application for compromise before the trial court along with certified copy of this order as well as compromise deed 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.

¶6The 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.

¶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 :- 17.11.2023 v.k.updh. High Court of Judicature at Allahabad