Pankaj Gautam and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 2172 of 2022 Applicant :- Pankaj Gautam And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Another Counsel for Applicant :- Rudra Kumar Tiwari,Rameshwar Tiwari Counsel for Opposite Party :- G.A.,Diwakar Pratap Pandey Hon'ble Shree Prakash Singh,J. Heard Sri Rudra Kumar Tiwari,learned counsel for the applicants, Sri Diwakar Pratap Pandey, learned counsel for opposite party no. 2, Sri Anirudh 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 with the prayer to quash the impugned criminal proceedings and the summoning order dated 09-11-2020 passed by the learned Chief Judicial Magistrate in Criminal Case No. 3785 of 2020, arising out of Crime No. 1015 of 2019, under sections 392/504/506/354 of I.P.C., Police Station-Kotwali Nagar, District-Sultanpur taking cognizance upon the chargesheet dated 02-03-2020. 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 due to 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 18-10-2023, copy of which has been annexed with the Supplementary AfÏdavit dated 03-11-2023. 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 party no. 2 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 two months, the proceedings initiated in pursuance of the summoning order dated 09-11-2020 passed by the learned Chief Judicial Magistrate in Criminal Case No. 3785 of 2020, arising out of Crime No. 1015 of 2019, under sections 392/504/506/354 of I.P.C., Police Station-Kotwali

Nagar,

District-Sultanpur

taking cognizance upon the chargesheet dated 02-03-2020, shall remain stayed so far as present applicants are concerned. The trial court is further directed for ensuring the fact that all the parties against whom the chargesheet was filed are present before the trial court and a report with respect to this effect shall also be sent alongwith verification order. Order Date :- 8.11.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench