Pramod Kumar v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Court No. - 23 Case :- APPLICATION U/S 482 No. - 11953 of 2023 Applicant :- Pramod Kumar Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Jitendra Prakash Mishra Counsel for Opposite Party :- G.A. Hon'ble Ajai Kumar Srivastava-I,J.

¶1Sri Ram Lal Yadav, Advocate has put in appearance on behalf of opposite party No.2 by filing his vakalatnama in Court today, which is taken on record.

¶2Heard Sri Jitendra Prakash Mishra, learned counsel for the applicant, learned A.G.A. for the State, Sri Ram Lal Yadav, learned counsel for opposite party No.2 and perused the entire record.

¶3The instant application under Section 482 Cr.P.C. has been filed by the applicant for quashing the proceeding of Criminal Case No.550 of 2021 titled as State vs. Pramod Kumar arising out of Case Crime No.252 of 2020, under Sections 420, 467, 468, 471 I.P.C., Police Station Tikunia, District Lakhimpur Kheri, pending in the court of learned Judicial Magistrate, Nighasan, District Lakhimpur Kheri.

¶4Learned counsel for the applicant as well as learned counsel for opposite party No.2 jointly submit that nothing as alleged has been committed by the applicant, however, the applicant and the complainant have entered into a compromise on 03.11.2023. They have settled their dispute amicably out of the Court and have decided not to contest the case against each other. Copy of the compromise dated 03.11.2023 is on record as Annexure No.5 to the instant application.

¶5Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below, as such, compromise has to be duly verified in presence of the concerned parties before the court below.

¶6Accordingly, this application is finally disposed of with a direction to the court concerned that if any such compromise is filed before it within a period of four weeks from today, notices be issued to all the concerned parties including the injured or victim, if any, requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court concerned and the compromise will be made part of the record.

¶7The court concerned in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicant to approach this Court again for quashing of the proceedings.

¶8The Registry of the Court is directed to return the original compromise deed, if any, annexed with the instant application to the learned counsel for the applicant after retaining a photocopy of the same on record.

¶9During the process of verification, the summoning order dated 06.08.2021 or any process issued pursuant thereto, shall not be given effect to qua the present applicant, Pramod Kumar. (Ajai Kumar Srivastava-I, J.) Order Date :- 8.12.2023 cks/- High Court of Judicature at Allahabad, Lucknow Bench