Amit Kumar and 2 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home and Another

Court No. -11 Case :-APPLICATION U/S 482 No. -12715 of 2023 Applicant :-Amit Kumar And 2 Others Opposite Party :-State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home And Another Counsel for Applicant :-Indra Pratap Singh Counsel for Opposite Party :-G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. The present application has been filed with the following prayer:-"To quash the impugned charge-sheet no. 01/2021 dated 30.03.2021 filed in case crime no. 367/2020 under section 323, 504, 506 & 498 A of I.P.C. and ¼ of D.P. Act registered at Police Station Bazar Khala, District Lucknow Pachimi (Commissionerate Lucknow) (contained as Annexure no. 1 to this petition) against the petitioners and also quash the summoning order dated 01.11.2021 issued against petitioners in criminal case no. 80557/2021 (State Vs Amit Kumar and Others) under section 323, 504, 506, 498 A and 4 of D.P. Act registered at Police Station Bazar Khala, District Lucknow Pachimi (Commissionerate Lucknow) issued by Learned Additional Chief Judicial Magistrate, Court No. 28. District Lucknow (contained as Annexure no. 2 to this petition) as well as entire proceeding arising out of case crime no. 367/2020 registered at Police Station Bazar Khala, District Lucknow Pachimi (Commissionerate Lucknow) against the petitioners, 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 a copy of compromise deed, duly signed by the parties, is annexed as Annexure No. 6 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 case no. 80557/2021 (State Vs Amit Kumar 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) For a period of six weeks, no coercive action shall be taken against the applicants in the aforesaid case. Order Date :- 22.12.2023 Vipul High Court of Judicature at Allahabad, Lucknow Bench