Krishna Kumar Charge Sheet Named Rinku v. State of U.P. Thru. Secy. Home. Lko and Others

Court No. -11 Case :-APPLICATION U/S 482 No. -3010 of 2021 Applicant :-Krishna Kumar Charge Sheet Named Rinku Opposite Party :-State Of U.P. Thru. Secy. Home. Lko And Others Counsel for Applicant :-Bhola Singh Patel,Pravin Kumar Verma Counsel for Opposite Party :-G.A.,Beyant 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/petitioner for quashing of charge sheet along with criminal proceedings of Case No. 2290 of 2020, (State v. Monu and others) pending in the Court of Additional Chief Judicial Magistrate-VI, Lucknow, arising out of Case Crime No. 0350 of 2017, under Sections 323, 504, 506, 452 and 354(b) IPC, P.S.-Gosaiganj, District-Lucknow. Learned counsel for the applicant 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. 6 to the supplementary affidavit. 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. 2290 of 2020, (State v. Monu and others) under Section 323, 504, 506, 452 and 354(b) IPC 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) Office is directed to provide original compromise to the Counsel for the applicants, after retaining its photocopy on record. It is for the purposes for its verification by the concerned court.

(vii) 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