Ramratan and 2 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lucknow and 5 Others

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11020 of 2023 Applicant :- Ramratan And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lucknow And 5 Others Counsel for Applicant :- Rajeshwar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Vakalatnama filed by Shri Vijendra Sahani, Advocate holding brief of Sri Anil Kumar Tiwari, Advocate on behalf of the opposite party No.2 to 7 is taken on record.

¶2Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., learned counsel for the opposite party no.2 and perused the record.

¶3This application under Section 482 Cr.P.C. has been filed with following prayer:- "to quash the proceeding of S.T.No.11/2015, State Vs. Ramratan and others, Case Crime No.199/2006 and Charge-sheet dated 08.03.2007, under Sections 323, 504 1.P.C. and 3(1)10 S.C./S.T. Act, Police Station-Alapur, District-Ambedkar Nagar pending in the Court of Learned Additional District Judge/Special Judge, S.C./S.T. Act, Ambedkar Nagar. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of S.T.No.11/2015, State Vs. Ramratan and others, Case Crime No. 199/2006 and Charge-sheet dated 08.03.2007, under Sections 323, 504 I.P.C. and 3(1)10 S.C./S.T. Act, Police Station-Alapur, District-Ambedkar Nagar pending in the Court of Learned Additional District Judge/Special Judge, S.C./S.T. Act, Ambedkar Nagar."

¶4Learned counsel for the applicant submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.1 to the application.

¶5Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned as such compromise has to be duly verified in presence of the parties concerned before the Court.

¶6Accordingly, this application is disposed of with a direction to the trial 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.

¶7The court concerned 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 applicant to approach this Court again for quashing of the proceedings.

¶8For a period of one month, no coercive action shall be taken against the applicant in the aforesaid case.

¶9Office is directed to return the original compromise deed to the learned counsel for the applicant, after taking the photocopy of the same. Order Date :- 8.11.2023 Vipul High Court of Judicature at Allahabad, Lucknow Bench