Amit Pandey @ Amit Kumar and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko. and 4 Others

Court No. -11 Case :-APPLICATION U/S 482 No. -9803 of 2023 Applicant :-Amit Pandey @ Amit Kumar And 2 Others Opposite Party :-State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko. And 4 Others Counsel for Applicant :-Amar Nath Dubey Counsel for Opposite Party :-G.A.,Anil Kumar Yadav Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants, learned AGA for the State of U.P. and perused the record. Instant application under Section 482 Cr.P.C. has been preferred for the following main relief:-"For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the criminal proceeding of Session Trial No. 133/2019, case crime No. 114 of 2018, under Sections-323, 354-B, 504, 506 I.P.C., and Section-7/8 POCSO Act, Police Station-Atrauli, District-Hardoi as well as impugned summoning order dated 15.2.2019 passed by learned Additional Sessions Judge II, Hardoi, State of U.P. Versus Manoj Pandey and others and further it may be pleased to stay the criminal proceeding of Session Trial No. 133/2019, Case Crime No. 114 of 2018, under Sections-323, 354-B, 504, 506 I.P.C., and Section-7/8 POCSO Act, Police Station-Atrauli, District-Hardoi as well as impugned summoning order dated 15.2.2019 passed by learned Additional Sessions Judge II, Hardoi, State of U.P. Versus Manoj Pandey and others, in the interest of justice." 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. 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, in issue, 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 :- 23.11.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench