Amarjeet @ Amarjeet Yadav and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Court No. -11 Case :-APPLICATION U/S 482 No. -11532 of 2023 Applicant :-Amarjeet @ Amarjeet Yadav And Others Opposite Party :-State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :-Ram Karan Yadav Counsel for Opposite Party :-G.A. Hon'ble Saurabh Lavania,J. Vakalatnama filed by Sri Dinesh Kumar, Advocate on behalf of opposite party No.2 filed today is taken on record. 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:-"The petitioner above named most respectfully begs to submit that for the facts, reasons and circumstances as stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to to quash the charge sheet no 204/2023 dated 15.06.2023 relating to the Case Crime No. 221 of 2023 u/s 352, 506, 504 I.P.C P.S Ram Sanehi Ghat District Barabanki, in Criminal Case No. 1981 of 2023 (State Vs. Amarjeet and others), as contained in Annexure No. 1 to this petition. It is further prayed that further proceeding of the Criminal Case No. 1981 of 2023 registered as State Vs. Amarjeet and others may kindly be stayed on the basis of compromise done between the petitioners and opposite party No. 2, 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. 3 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 :- 24.11.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench