Manoj Kumar @ Manoj Mishra @ Manoj Kumar Mishra v. State of U.P. Thru. Addl.Chief Secy. Home and Another

Court No. -11 Case :-APPLICATION U/S 482 No. -10444 of 2023 Applicant :-Manoj Kumar @ Manoj Mishra @ Manoj Kumar Mishra Opposite Party :-State Of U.P. Thru. Addl.Chief Secy. Home And Another Counsel for Applicant :-Pankaj Shukla Counsel for Opposite Party :-G.A.,Birendra Pratap Singh Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C. has been preferred by the applicants/petitioners for quashing the entire criminal proceedings of Criminal Case No.435/93 now as Criminal Case No.9369 of 2022 (State vs. Mukta Prasad and others) under Section-498A and 304B I.P.C. arising out of Case Crime No.110/1992, P.S.-Mishrikh, District-Sitapur initiated in pursuance of the summoning order dated 04.01.1994 passed by IV the Additional Munshif Magistrate, Sitapur pending in the court of Chief Judicial Magsitrate, District-Sitapur including FIR /Case Crime No.110/1992, under Sections 498A/304B I.P.C., Police Station-Mishrikh, Sitapur and further to stay the criminal proceedings in pursuance of the cognizance order dated 04.01.1994. Learned counsel for the applicants submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No. 12 to the present application. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Trial Court as such compromise has to be duly verified in presence of the parties concerned before the Court. Considering the aforesaid, this application is disposed of finally in following terms:-

(i) The parties to the proceedings i.e. Criminal Case No.435/93 now as Criminal Case No.9369 of 2022 (State vs. Mukta Prasad and others) under Section-498A and 304B I.P.C. shall appear and file the compromise before the concerned Court within two week's from today.

(ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record.

(iii) The concerned Court shall conclude the process of verification of compromise within two week's from the date of production of copy of this order.

(iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed.

(v) It shall be open to the applicants to approach this Court again for quashing of the proceedings.

(vi) For a period of six weeks, no coercive action shall be taken against the applicants in the aforesaid case. Order Date :- 18.11.2023 Raj High Court of Judicature at Allahabad, Lucknow Bench