Sohan Lal Pushkar and 8 Others v. State of U.P. Thru Secy Deptt Home Civil Sectt and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 426 of 2022 Applicant :- Sohan Lal Pushkar And 8 Others Opposite Party :- State Of U.P. Thru Secy Deptt Home Civil Sectt And Another Counsel for Applicant :- Anil Kumar Tripathi Counsel for Opposite Party :- G.A.,Aman Shankar,Apoorva Jyoti,Pankaj Shukla Hon'ble Saurabh Lavania,J.

¶1Heard.

¶2Instant application under Section 482 Cr.P.C. has been preferred by the applicants/petitioners for following main reliefs: "for setting aside the summoning 15.12.2020 passed by the Additional Chief Judicial Magistrate, Court No. 26, Lucknow in Misc. Criminal Case No. 3947 of 2019 (Neeraj Kumar Rawat..Vs.. Sohan Lal Pushkar and others) U/Ss 323/504/0506/427 IPC P.S. Maal District Lucknow for facing the trial without indicating any reasons. Certified copy of the Summoning order dated 15.12.2020 is being annexed herewith as Annexure No.1 to this petition."

¶3Learned counsel for the applicants submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise. 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.

¶4Whether 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.

¶5Considering the aforesaid, this application is disposed of finally in following terms:-

(i) The parties to the proceedings i.e. Criminal Case No. 3947 of 2019, 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) For a period of six weeks, no coercive action shall be taken against the applicants in the aforesaid case. Order Date :- 7.12.2023 Mohit Singh High Court of Judicature at Allahabad, Lucknow Bench