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

Court No. -11 Case :-APPLICATION U/S 482 No. -12562 of 2023 Applicant :-Chinku And 2 Others Opposite Party :-State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :-Sandeep Kumar Srivastava Counsel for Opposite Party :-G.A. Hon'ble Saurabh Lavania,J. Shri Vineet Srivastava, Advocate, has filed his vakalatnama on behalf of opposite party No.2, 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 with the following prayer:-"For, the facts, reasons and circumstances stated in the accompanying affidavit it is most humbly respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of Criminal Misc Case No.-04 of 2014 (State Vs. Chinku and others) in pursuance of charge sheet No. 37 of 2013 dated 29.04.2013 arising out of First Information Report / Case crime No. 18 of 2013, Under Section 363, 366, 376 I.P.C., Police Station : Khodare, District: Gonda pending before the court of Learned Chief Judicial Magistrate, Gonda (Contained as Annexure No. 1), in the light of compromise dated 24.08.2023 (contained as Annexure No. 3), in the interest of justice." 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 original compromise deed, duly signed by the parties, is annexed as Annexure No. 3 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 i.e. Criminal Misc Case No.- 04 of 2014 (State Vs. Chinku and others) shall appear and file the compromise 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 :- 21.12.2023 Raj High Court of Judicature at Allahabad, Lucknow Bench