Ram Shankar Shukla and 2 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko.And Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10446 of 2023 Applicant :- Ram Shankar Shukla And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko.And Another Counsel for Applicant :- Gaurav Shukla Counsel for Opposite Party :- G.A.,Seema Upadhyay Hon'ble Shree Prakash Singh,J. Mrs. Seema Upadhyay, learned counsel has put in appearance on behalf of the opposite party no.2 by way of filing vakalatnama, which is taken on record. Heard learned counsel for the applicants, Mrs. Seema Upadhyay learned counsel for opposite party no.2 , Sri Aniruddh Kumar Singh, learned A.G.A. -I for the State and perused the record. The instant application under Section 482 Cr.P.C. has been filed for quashing the impugned entire proceedings of the Crime No.347 of 2020, State of U.P. Vs. Ram Shankar Shukla & others, under Section 498-A, 323, 504, 506 I.P.C. & 3/4 D.P. Act P.S. Gudamba, District Lucknow along with impugned charge sheet dated 29.12.2021 and impugned summoning order & cognizance order dated 29.9.2022 pending in the court of Hon'ble Additional Chief Judicial Magistrate-I, Lucknow. Learned 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

12.9.2023, 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 is amount to harassment of the applicants and thus, the criminal proceedings against the applicants may be quashed. On the other hand, learned counsel appearing for the opposite parties 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. Learned A.G.A. appearing for the State has no objection to the contentions aforesaid. Now 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. Accordingly, 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. 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 one month, the proceedings initiated in pursuance of the Crime No.347 of 2020, State of U.P. Vs. Ram Shankar Shukla & others, under Section 498-A, 323, 504, 506 I.P.C. & 3/4 D.P. Act P.S. Gudamba, District Lucknow, shall remain stayed so far as applicants are concerned. Office is directed to return the original compromise deed to the learned counsel for the applicants, if any, after taking the photocopy of the same. Order Date :- 19.10.2023 Ram Murti High Court of Judicature at Allahabad, Lucknow Bench