Karuna Shankar Alias Putan and 3 Others v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Court No. - 5 Case :- APPLICATION U/S 482 No. - 5702 of 2024 Applicant :- Karuna Shankar Alias Putan And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Pradyumn Shukla Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. Vakalatnama filed by Mr. Qasim Abbas Zaidi, Advocate on behalf of opposite party No.2 is taken on record. Heard Mr. Pradyumn Shukla, learned counsel for the applicants and Sri Rao Narendra Singh, learned AGA for the State. Present application under Section 482 Cr.P.C has been filed by the applicants for quashing entire proceeding of Case No. 9215/2010, arising out of Case Crime No. 1701/2010, under Section 420, 467, 468, 471, 506 IPC, Police Station-Gangaghat, District-Unnao, pending before C.J.M., Unnao. Contention of learned counsel for the applicants is that parties have settled their dispute amicably out of the court and the dispute between them is purely civil in nature. Further, a request is made that impugned proceeding may be quashed on the basis of compromise entered into between the parties dated

03.06.2024, a copy of the same has been annexed at page No. 26 of the paper book. Learned counsel for the opposite party No. 2 did not dispute the aforesaid facts. Though, learned A.G.A. opposed the prayer but could not dispute the fact that parties have settled their dispute amicably. Considering the aforesaid fact as also that the compromise is yet to be verified by the court below, therefore, it would be appropriate that compromise ought to be verified by the court below only then the prayer for quashing of impugned proceeding on the basis of verified compromise can be considered, present application is disposed of with direction to applicants to file original deed of compromise before the C.J.M., Unnao within a period of three weeks from today. In case, such a compromise deed is filed by the applicants, the court below shall verify the same after summoning the parties and after verification of aforesaid compromise, court below will permit the parties to obtain certified copy of the same. It is further directed that the court below will conclude the proceeding of verification of aforesaid compromise within a period of two months from the date of receiving of deed of compromise. The parties are at liberty to file fresh application under Section 482 Cr.P.C. to quash the impugned proceeding on the basis of verified deed of compromise. For a period of two months or till passing the order by the court below regarding verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in aforesaid case. Office is directed to return the original deed of compromise, which has been annexed at page No. 26 of paper book, to learned counsel for the applicants as per Rules after retaining the photocopy of the same. With the aforesaid observations, the application is disposed of. Order Date :- 25.6.2024 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench