Priyanka Mishra and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko and 4 Others

Court No. -11 Case :-APPLICATION U/S 482 No. -6454 of 2022 Applicant :-Priyanka Mishra And 2 Others Opposite Party :-State Of U.P. Thru. Prin. Secy. Home Lko And 4 Others Counsel for Applicant :-Abdul Alim Khan Counsel for Opposite Party :-G.A.,Mohammad Imaran Hon'ble Saurabh Lavania,J. Sri Abdul Alim Khan, Advocate, has put in appearance for the private opposite party no. 2 and has filed his Vakalatnama, which is taken on record. Heard learned counsel for the applicants, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C. has been preferred by the applicants for the following main relief:-"For the facts, reasons and circumstances stated in the accompanying Affidavit, this Hon'ble court may kindly be pleased to quash the impugned charge sheet dated 12.03.2021 arising out of Case No. 29/2021, Under Sections 323 & 336 I.P.C, Police Station-Kaisarganj, District-Baharaich as well as cognizance/ summoning order dated 02.07.2021 passed by the learned Additional Sessions Judge/ Special Judge (POCSO Act), Baharaich in Criminal Case No. 723/2021 (State Versus Anuj Kumar Mishra & others) including entire proceeding thereof so far as it relates to the petitioners, in terms of compromise dated 18.07.2022, as contained in Annexure No.1 & 2 respectively to this petition." Learned counsel for the applicants 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 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) For a period of six weeks, no coercive action shall be taken against the applicants in the aforesaid case. Order Date :- 20.12.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench