Bharat and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. -11 Case :-APPLICATION U/S 482 No. -12320 of 2023 Applicant :-Bharat And 2 Others Opposite Party :-State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :-Sikandar Yadav Counsel for Opposite Party :-G.A. Hon'ble Saurabh Lavania,J. 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 charge sheet No. 01/2023 dated 31.05.2023, under Sections 406, 504, 506 IPC, Police Station Babu Banarsi Das (BBD), District Lucknow as well as summoning order dated 06.09.2023 passed by Additional Chief Judicial Magistrate, Room No. 27, Lucknow and entire proceedings of Criminal Case No. 104846/2023 arising out of Case Crime No. 0062/2023, under Sections 323, 406, 504, 506 IPC, Police Station Babu Banarsi Das (BBD), District Lucknow and further to stay the proceedings of Criminal Case No. 104846/2023. 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. 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) 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