Mohit Aggarwal and 2 Others v. State of U.P. Thru.Prin.Secy. Home and 2 Others

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10091 of 2023 Applicant :- Mohit Aggarwal And 2 Others Opposite Party :- State Of U.P. Thru.Prin.Secy. Home And 2 Others Counsel for Applicant :- Varun Kumar Mishra Counsel for Opposite Party :- G.A.,Shahid Salam Hon'ble Shree Prakash Singh,J.

¶1Sri Shailender Singh, Advocate, Sri Ankit Tiwari, Advocate and Smt. Neelam Singh, Advocate have jointly filed their vakalatnama on behalf of the opposite party no.3, which is taken on record.

¶2Heard Sri Varun Kumar Mishra, learned counsel for the applicants, Sri Shailender Singh, learned counsel for opposite party no.3, Sri Anirudh Kumar Singh, learned A.G.A. for the State and perused the record.

¶3The instant application under Section 482 Cr.P.C. has been filed with prayer to issue a writ/ order/direction in the nature of Certiorari, thereby quashing the F.I.R., Charge-sheet and the Summoning Order dated 10.10.2023, arising out of Case Crime No.127/2022 Under Section-498-A, 323, 504, 506, 354 I.P.C. and Section 3/4 D.P. Act, Police Station-Mahila Thana, District Lucknow, as well as further proceedings arising out of the aforesaid case crime number.

¶4Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the instant case. He next added that under some misunderstanding, the instant F.I.R. has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on

14.02.2023, which has been annexed as annexure no.4 to the instant application. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicants are the futile exercise as there is no fate of trial and that amounts to harassment of the applicants and thus, the criminal proceedings against the applicants may be quashed.

¶5On the other hand, learned counsel appearing for the opposite party no.3 has supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably through a compromise deed and there is no further grievance of the opposite parties against the present applicants and the criminal proceedings against the applicants may be dropped.

¶6Learned A.G.A. appearing for the State has no objection to the contentions aforesaid.

¶7Now whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below as such compromise has to be duly verified in presence of the parties concerned before the Court.

¶8Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is 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.

¶9The 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.

¶10For a period of one month, the proceedings initiated against the applicants in pursuance of Case Crime No.127/2022, shall remain stayed.

11.The trial Court is further directed to ensure whether all the parties, against whom the charge sheet was filed, are present before the trial court and a report to this effect shall also be sent along with the verification order.

¶12Office is directed to return the original compromise deed to the learned counsel for the applicants, if any, after retaining the photocopy of the same on record. Order Date :- 16.10.2023 Manoj K. High Court of Judicature at Allahabad, Lucknow Bench