Sandeep Srivastava (Sandeep Kumar Srivastava) v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11266 of 2023 Applicant :- Sandeep Srivastava (Sandeep Kumar Srivastava) Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Jitendra Pratap Singh,Abhay Prakash Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The present application has been filed with the following prayer:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the charge sheet No. 1 of 2022 dated

15.09.2022 and consequential cognizance order dated 23.12.2022 passed by Chief Judicial Magistrate Lucknow in Case No. 127582 of 2022 State Versus Sandeep Srivastava and others arising out of Crime No. 349 of 2022 under Section 354Kha, 504, 506 I.P.C. P.S. Vibhuti Khand, District-Lucknow and the consequential proceeding of the case may kindly be quashed. It is further prayed that the Hon'ble Court may kindly be pleased to stay the further proceedings in Case No. 127582 of 2022 State Versus Sandeep Srivastava and others arising out of Crime No. 349 of 2022 under section 354Kha, 504, 506 I.P.C. P.S. Vibhuti Khand, District-Lucknow, during the pendency of the instant petition." 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 original compromise deed, duly signed by the parties, is annexed as Annexure No. 4 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. Case No. 127582 of 2022, 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 applicant, 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 applicant in the aforesaid case. Order Date :- 23.11.2023/Raj High Court of Judicature at Allahabad, Lucknow Bench