Vishal Sharma and Another v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko and Another

Court No. -11 Case :-APPLICATION U/S 482 No. -12398 of 2023 Applicant :-Vishal Sharma And Another Opposite Party :-State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko And Another Counsel for Applicant :-Pradeep Kumar Sen Counsel for Opposite Party :-G.A. Hon'ble Saurabh Lavania,J. Mr. Mahendra Pratap Singh, 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 applicants, learned AGA for the State and perused the record. The present petition has been filed for the following main relief:-"That for the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble court may graciously be pleased to quashed the impugned charge sheet submitted by the police in case crime no. 118/2020 under sections 323,452,506, I.P.C., police station Bazar Khala, District-Lucknow on 14.10.2020 before the Hon'ble court of Additional Chief Judicial Magistrate 8th Lucknow and the Hon'ble court taken cognizance of offence and case has been registered as Criminal case no. 41423/2020 after that the applicants have been summoned now case is pending before Additional Chief Judicial Magistrate 4th, Lucknow, in the interest of justice. It is further prayed that this Hon'ble court may kindly be pleased to stay the proceeding of Criminal case no. 41423/ 2020, in case crime no. 118/2020 under sections 323,452,506 I.P.C., police station Bazar Khala, District-Lucknow pending before the Hon'ble court of Additional Chief Judicial Magistrate 4th, Lucknow in the circumstances of the case during the pendency of the present application of the applicants before this Hon'ble Court." Learned counsel for the applicants 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. Criminal case no. 41423/ 2020, 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 :- 19.12.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench