Ashish Kumar and 6 Ors v. State of U.P. and Anr

Court No. - 12 Case :- APPLICATION U/S 482 No. - 4695 of 2021 Applicant :- Ashish Kumar And 6 Ors. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Manoj Sahu,Sonal Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for the applicants, learned A.G.A. for the State, learned counsel appearing for respondent no. 2 and perused the record.

¶2The present application has been filed with the prayer to quash the charge sheet Nos. 1 and 2 as well as entire proceedings of Case No. 23762 of 2019 arising out of Case Crime No. 886 of 2016, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Chinhat, District Lucknow.

¶3Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been arrived between them dated

09.09.2021 (Photocopy of the same is appended as Annexure No. 4 to the application).

¶4Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the court below itself.

¶5Accordingly, the application is disposed of with direction to the court concerned that if any such compromise is filed before it, it shall issue notice to all its signatories 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 and the compromise will be made part of the record. The court 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 applicants to approach this Court again for quashing of the proceedings.

¶6For a period of two weeks, no coercive action shall be taken against the present applicants. Order Date :- 7.12.2023 VKS High Court of Judicature at Allahabad, Lucknow Bench