Jagdeesh Pal @ Jagdish and 3 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 12419 of 2023 Applicant :- Jagdeesh Pal @ Jagdish And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Aditya Prakash Sharma Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Sri N.K. Tripathi, Advocate filed Vakalatnama on behalf of opposite party no.2 is taken on record. Supplementary affidavit filed by learned counsel for the applicants is also taken on record.

¶2Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record.

¶3The instant application has been filed for quashing the charge-sheet dated 27.09.2007 vide charge-sheet No.01 of 2007 in Case Crime No. 0114 of 2007 under sections 323, 324, 504 and 506 of the Indian Penal Code, 1860 & section 3(1)(X) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Police Station-Nagram, District-Lucknow, Uttar Pradesh and the entire proceedings of the Criminal Case in Case Crime No. 0114 of 2007 pending before the learned Special Judge, SC/ST Act, District-Lucknow, Uttar Pradesh.

¶4Learned counsel for the applicants submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No. S.A.-1 of supplementary affidavit to the application.

¶5Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned as such compromise has to be duly verified in presence of the parties concerned before the Court.

¶6Accordingly, this application is disposed of with a direction to the trial court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record.

¶7The court concerned in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings.

¶8For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case.

¶9Office is directed to return the original compromise deed, if any, to the learned counsel for the applicants, after taking the photocopy of the same. Order Date :- 21.12.2023 Arpan High Court of Judicature at Allahabad, Lucknow Bench