Akhilesh Kumar Pandey v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11715 of 2023 Applicant :- Akhilesh Kumar Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Shobh Nath Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard. Instant application under Section 482 Cr.P.C. has been preferred by the applicant(s)/petitioner(s) for quashing the order dated

15.03.2017 passed by Additional Chief Judicial Magistrate/1st Room No. 20, Sultanpur as well as entire proceedings arising out of Criminal Case No. 2459/2023 (Sanjay Singh vs. Akhilesh Pandey), under Sections 419, 420, 467, 468, 506 IPC, Police Station Jaisinghpur, District Sultanpur and further to stay the proceedings of Criminal Case No. 2459/2023. Taking note of the facts, as stated, in the instant application that the parties have entered into a compromise and the applicant has approached this Court seeking interference of this Court in the pending proceedings in terms of compromise entered into between the parties as also taking note of the law laid down by the Hon'ble Apex Court in this regard, this Court is of the view that 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 applicant(s) to approach this Court again for quashing of the proceedings.

(vi) Office is directed to provide original compromise to the counsel for the applicant(s), after retaining its photocopy on record. It is for the purposes of its verification by the concerned Court.

(vii) For a period of six weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case. Order Date :- 1.12.2023 Arun/- High Court of Judicature at Allahabad, Lucknow Bench