Mukesh Das and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. Home, Lucknow and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 11220 of 2023 Applicant :- Mukesh Das And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home, Lucknow And Another Counsel for Applicant :- Bhupendra Nath Tripathi Counsel for Opposite Party :- G.A.,Amit Sharma Hon'ble Shree Prakash Singh,J.

¶1Sri Amit Sharma, 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 learned counsel for the applicants, Sri Amit Sharma, learned counsel for opposite party no. 2 , Shri Nirmal Kumar Pandey, learned A.G.A. for the State and perused the record.

¶3The instant application under Section 482 Cr.P.C. has been filed for quashing of impugned cognizance and summoning order dated 15-02-2021 passed by the learned Judicial Magistrate III, Lucknow in Criminal Case No. 8149 of 2021 and the Chargesheet No. 01 of 2020 dated 26-09-2020 in Case Crime No. 241 of 2020 under Sections 323, 504 and 506 IPC at Police Station-Alambag, District-Lucknow.

¶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

30.10.2023which 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 Case Crime No. 241 of 2020 under Sections 323, 504 and 506 IPC at Police Station-Alambag, 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 :- 9.11.2023 -Amit K-High Court of Judicature at Allahabad, Lucknow Bench