Kuldeep Kumar Kanaujiya @ Kuldeep and 2 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Court No. -11 Case :-APPLICATION U/S 482 No. -12300 of 2023 Applicant :-Kuldeep Kumar Kanaujiya @ Kuldeep And 2 Others Opposite Party :-State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :-Anand Babu Dixit,Rajan Mishra Counsel for Opposite Party :-G.A. Hon'ble Saurabh Lavania,J. Sri Shambhu Nath Mishra, Advocate alongwith Sri Saurabh Tiwari, Advocate has put in appearance for the private opposite party no. 2 and has file Vakalatnama in the Court today, which is taken on record. Heard learned counsel for the applicant(s), learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C. has been preferred by the applicant(s)/petitioner(s) for quashing the proceedings of Criminal Case No. 620/2020 (State vs. Kuldeep and others), under Sections 323, 452, 506 IPC, which is pending before ACJM-II, Lucknow as also to set-aside the summoning order dated 10.08.2020. Learned counsel for the applicant(s) submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No. 4 to the present application. 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 in issue shall appear and file the compromise before the concerned Court within four 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 four 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 eight weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case. Order Date :- 18.12.2023 Arun/- High Court of Judicature at Allahabad, Lucknow Bench