Anand Prakash Srivastava and Another v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 41827 of 2023 Applicant :- Anand Prakash Srivastava And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umesh Chandra Tiwari Counsel for Opposite Party :- G.A.,Jay Prakash Pandey Hon'ble Gajendra Kumar,J. Heard Sri Umesh Chandra Tiwari, learned counsel for the applicants and learned A.G.A. for the State and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicants to set aside the charge sheet no. 03 of 2023 arising out of Case Crime No. 003 of 2023, under Sections 498-A, 323, 504, 506, 344 I.P.C. and 3/4 D.P. Act and 3(2)(5A), 3(1)da, 3(1)Dh S.C. and S.T. Act, Police Station, Mahila Thana, District Sonbhadra as well as cognizance order dated 14.06.2023 and to quash the entire proceeding of the pending Session Case No. 457 of 2023 (State Versus Anand Prakash Srivastava and Another), Pending before Special Judge (S.C. and St) Court, Sonbhadra on the basis of the compromise between the parties. Learned 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 28.10.2023 has been annexed as Annexure-6 to this 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. Learned 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. In 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 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? The 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. For a period of two months, no coercive action shall be taken against the applicants in the aforesaid case. With the aforesaid directions, this application is finally disposed of. Order Date :- 22.11.2023 Imtiyaz High Court of Judicature at Allahabad