Virendra Singh @ Viresh and 3 Others v. State of U.P. and 2 Others

Court No. - 88 Case :- APPLICATION U/S 482 No. - 34559 of 2023 Applicant :- Virendra Singh @ Viresh And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Shashi Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard Ms. Prachi Shukla, learned Advocate, holding brief of Mr. Shashi Kumar Mishra, learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. 2-This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge sheet dated 24.01.2018, cognizance order dated 23.05.2018 and proceedings of Case No. 9118 of 2018 (State Vs. Virendra Singh @ Viresh and others) arising out of Case Crime No. 846 of 2014, under Sections 420, 467, 468 I.P.C., Police Station Kotwali Nagar, District Etah, pending in the court of learned Chief Judicial Magistrate, Etah on the basis of compromise between the parties concerned. 3-It is submitted by the learned counsel for the applicants that opposite party no.2 lodged F.I.R. on

02.09.2014 against the applicants, in which after culmination of investigation charge-sheet has been submitted on 24.01.2018 against them, on which the Magistrate concerned took cognizance on

23.05.2018 and summoned the applicants to face trial. Thereafter, the parties concerned entered into a compromise outside the court and settlement arrived at between the parties concerned. 4-It is also submitted that the compromise application dated 08.06.2023 has been filed before the concerned court below, where criminal proceeding against the applicants is pending. Said compromise application has been brought on record as Annexure No. 4 to this application. 5-Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below, as such said compromise has to be duly verified in presence of the parties concerned before the Court. 6-Accordingly, the concerned Court below is directed that if any such compromise has already been filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. 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. 7-Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case. 8-With the aforesaid directions the application stands disposed of. Order Date :- 28.11.2023 Kashifa High Court of Judicature at Allahabad