Ishan Srivastava and Others v. State of U.P. Thru. Prin. Secy. Home, U.P. Lko. and Another

Court No. -11 Case :-APPLICATION U/S 482 No. -12430 of 2023 Applicant :-Ishan Srivastava And Others Opposite Party :-State Of U.P. Thru. Prin. Secy. Home, U.P. Lko. And Another Counsel for Applicant :-Soma Pandey,Mukul Sudhir Pandey,Shashank Dwivedi,Shashi Dwivedi Counsel for Opposite Party :-G.A. Hon'ble Saurabh Lavania,J. Heard Sri Shashank Dwivedi 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:-"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge-sheet dated 23.01.2020 filed in FIR No.0095/2019 under Sections 323, 498-A, 504 and 506 of IPC and Sections-3 and 4 of DP Act, contained as Annexure No.1, as well as the impugned summoning order dated 21.09.2020, passed by Learned Special Additional Chief Judicial Magistrate (Ayodhya Prakaran), Lucknow, contained as Annexure No. 3." 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. FIR No.0095/2019, 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 :- 20.12.2023 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench