Sanjay Singh (In I.D. Sanjai Kumar Singh) and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10759 of 2023 Applicant :- Sanjay Singh (In I.D. Sanjai Kumar Singh) And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ramesh Chandra Gupta Counsel for Opposite Party :- G.A.,D.P. Dutt Tiwari Hon'ble Shree Prakash Singh,J.

¶1Sri D.P. Dutt Tiwari, advocate, has put in appearance by way of filing vakalatnama on behalf of opposite party no. 2 and the same is taken on record.

¶2Heard Sri Ramesh Chandra Gupta, learned counsel for the applicants, Sri D.P. Dutt Tiwari, learned counsel for opposite party no. 2, Sri B.N. Nishad, learned A.G.A. for the State and perused the record.

¶3The instant application under Section 482 Cr.P.C. has been filed with a prayer to quash/set aside Impugned Charge Sheet No. 01 of 2020 dated 18.03.2020 under section-147, 323, 504, 506, 452 of IPC arising out of Case Crime No. 093 of 2020 under section-147, 323, 504, 506 of IPC, Police Station - Ashiyana, District-Lucknow, and the entire criminal proceeding of Criminal Case No.31467/2020 registered against petitioners on the basis of Impugned Charge Sheet pending before Learned Additional Chief Judicial Magistrate-V, Lucknow and further prayed to stay the proceeding of Criminal Case No.31467/2020.

¶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

03.06.2023, 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.

¶5On 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.

¶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 two months, the proceedings initiated in pursuance of Criminal Case No.31467/2020 arising out of Case Crime No. 093 of 2020 under section-147, 323, 504, 506 of IPC, Police Station - Ashiyana, District-Lucknow, shall remain stayed so far as applicants are concerned.

¶11The trial Court is directed to examine the fact that whether all the parties against whom the chargesheet was filed, the party in the compromise and in this respect, it shall also sent a report along with the verification order.

¶12Office 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 :- 2.11.2023 Mayank High Court of Judicature at Allahabad, Lucknow Bench