Sarvjit Yadav @ Sarabjit and 6 Others v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11986 of 2023 Applicant :- Sarvjit Yadav @ Sarabjit And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Bachchu Lal,Kanchan Maurya,Rakesh Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Mr. Adarsh Kumar Maurya, learned Advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2 and filed his Vakalatnama, which is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C. has been preferred by the applicants/petitioners for quashing the entire criminal proceedings of Case No. 91859 of 2022 arising out of Case Crime No. 139 of 2022, under Sections 498A/504 IPC and 3/4 Dowry Prohibition Act, Police Station Bakshi-Ka-Talab, District Lucknow as also the cognizance order dated

09.12.2022 passed by the concerned court. Learned counsel for the applicant 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. 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 i.e. Case No. 91859 of 2022 arising out of Case Crime No. 139 of 2022, under Sections 498A/504 IPC and 3/4 Dowry Prohibition Act, Police Station Bakshi-Ka-Talab, District Lucknow, shall appear 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 :- 11.12.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench