Bintu Saini and 2 Others v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 28083 of 2023 Applicant :- Bintu Saini And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rupendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Supplementary affidavit has been filed by the learned counsel for the applicant in Court today, which is taken on record.

¶2Heard Sri Rupendra Kumar Mishra, learned counsel for the applicants and learned A.G.A. for the State and perused the record.

¶3This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge sheet dated 21.09.2022 as well as entire proceeding of Criminal Case No.2123 of 2022 (State Vs. Bintu Saini and others) arising out of Case Crime No.371 of 2022, under Sections 406, 417, 342, 506 I.P.C., Police Station Thakurdwara, District Moradabad, pending in the Court of Judicial Magistrate, Thakurdwara, District Moradabad.

¶4Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them, copy of compromise deed dated 06.10.2023 has been annexed as Annexure-1 of the supplementary 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 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.

¶6In view of above, without expressing any opinion on the merit of the case, both the parties are directed to appear before the Court below along with compromise deed as well certified copy of this order within two 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 four weeks 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?

¶7The 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.

¶8For a period of four weeks, 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 :- 20.11.2023 Imtiyaz High Court of Judicature at Allahabad