Ram Sagar and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 27 Case :- APPLICATION U/S 482 No. - 10651 of 2023 Applicant :- Ram Sagar And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sudhaker Prakash Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the applicants, Sri Vivek Chandra who has filed power on behalf of O.P. No.2, Triveni Prasad, learned A.G.A.-I for the State and perused the record.

¶2The present 482 Cr.P.C. application has been filed with a prayer to quash entire proceedings of Case No.2980 of 2022 arising out of case crime No.581 of 2022 under Section 498-A, 323, 504, 506, 494 IPC and 3/4 D.P. Act, PS Laharpur district Sitapur (State. Vs. Ram Sagar & others.) pending in the Court of ACJM-I, Sitapur and chargesheet as well as to quash the impugned summoning order dated 25.9.2023 contained in Annexure No.1 and 2 to the application.

¶3Learned counsel for both the parties submit that the both the parties have amicably settled their dispute and in respect thereof, they have annexed a compromise deed endorsed as Annexure - 4 to the affidavit, therefore, the aforesaid case may be decided in terms of the compromise between the parties.

¶4Whether 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 before the court concerned.

¶5Both the parties are directed to appear before the concerned court below within three weeks and file their comprise application. The court below is directed to pass an order on the said compromise application and all formalities completed within three months from that date. The concerned Magistrate will sent a report to this Court whether the said compromise took place or not.

¶6Accordingly, the present application stands 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.

¶7For a period of three months, no coercive action shall be taken against the applicants in the aforesaid case. Order Date :- 31.10.2023 Rajneesh JR-PS) High Court of Judicature at Allahabad, Lucknow Bench