Bhanu Pratap Singh and 3 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Court No. -12 Case :-APPLICATION U/S 482 No. -11635 of 2024 Applicant :-Bhanu Pratap Singh And 3 Others Opposite Party :-State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :-Jai Pratap Singh Counsel for Opposite Party :-G.A. Hon'ble Saurabh Lavania,J. Shri Surya Bhan Singh, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2 and filed his Vakalatnama, which is taken on record. Heard learned counsel for the applicants, learned AGA for the State of U.P. and gone through the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief:-"The petitioner/applicant most respectfully submit as under : That for the facts, circumstances and reasons stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to set aside the proceedings of S.T. No.94 of 2018 arising out of Case Crime No.0118 of 2018, under section 147, 323, 504, 506, 436 I.P.C. and 3 (1) (Da), 3 (2) (iv), 3 (2) (va) SC/ST Act, State of U.P. versus Bhanu Pratap Singh and others, in terms of the compromise dated 05.12.2024 between both the parties, pending in the court of Special Judge SC/ST Act, Raebareli, in the interest of justice." Learned counsel for the applicants has 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 i.e. S.T. No.94 of 2018, arising out of Case Crime No.0118 of 2018, under sections 147, 323, 504, 506, 436 I.P.C. and 3 (1) (Da), 3 (2) (iv), 3 (2) (va) SC/ST Act (State of U.P. versus Bhanu Pratap Singh 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 :- 18.12.2024 ML/- High Court of Judicature at Allahabad, Lucknow Bench