Munil Kumar Kannojia Alias Piyush v. State of U.P. Thru. Prin. Secy. Deptt. Sectt. Lko and 3 Others

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10198 of 2023 Applicant :- Munil Kumar Kannojia Alias Piyush Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Sectt. Lko And 3 Others Counsel for Applicant :- Ashok Kumar Singh,Vipul Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.

¶1Vakalatnam filed by Sri Ashish Kumar Tiwari, Advocate, on behalf of opposite party no.2 to 4, is taken on record. Supplementary affidavit filed today by learned counsel for the applicant is taken on record.

¶2Heard Sri Ashok Kumar Singh, learned counsel for the applicant, Sri Ashish Kumar Tiwari, learned counsel for opposite party no.2 to 4, Sri Nirmal Kumar Pandey, learned A.G.A. for the State and perused the record.

¶3The instant application under Section 482 Cr.P.C. has been filed for quashing impugned chargesheet no.208-A/20, dated

14.9.2020 as well as the entire proceedings of Juvenile Case No.19-A of 2021; State Versus Munil Kumar alias Piyush, arising out of Case Crime No.207 of 2020, under sections-147, 323, 504, 325 1.P.C., relating to Police Station-Sammanpur, District-Ambedkar Nagar, pending before the learned Juvenile Justice Board, Ambedkar Nagar, on the basis of compromise held between the parties.

¶4Learned counsel appearing for the applicant submits that the applicant 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 applicant and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on

18.09.2023, which has been annexed as annexure no. 5 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 applicant are the futile exercise as there is no fate of trial and that amounts to harassment of the applicant and thus, the criminal proceedings against the applicant may be quashed.

¶5On the other hand, learned counsel appearing for the opposite parties has supported the version of the learned counsel for the applicant 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 applicant and the criminal proceedings against the applicant 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 arising out of Case Crime No.207 of 2020, shall remain stayed, so far as applicant is concerned.

¶11The 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, if any, to the learned counsel for the applicant after retaining the photocopy of the same on record. Order Date :- 17.10.2023 Manoj K. High Court of Judicature at Allahabad, Lucknow Bench