Sachendra Kumar Tiwari and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 13 Case :- APPLICATION U/S 482 No. - 11853 of 2024 Applicant :- Sachendra Kumar Tiwari And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anoop Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Vakalatnama filed by Shri Abhishek Kumar, Advocate on behalf of the opposite party No.2 is taken on record.

¶2Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., learned counsel for the opposite party no.2 and perused the record.

¶3This application under Section 482 Cr.P.C. has been filed with following prayer:- "The petitioner named above most respectfully begs to submit that for the facts, reasons and circumstances stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the entire criminal proceeding of Case NO. 65314 / 2020 "State Vs Sachendra Kumar Tiari and others" arises out of case crime No. 836 / 2019, U/s 323, 504, 427 I.P.C., P/s Madiyaon, District - Lucknow on the basis of compromise between the parties on 30.11.2024, in the interest of justice. It is further prayed that this Hon'ble Court may kindly also be pleased to stay the further entire criminal proceeding of case NO. 65334/2020 "State of U.P. Vs Sachendra Kumar Tiwari and others" arises out of case crime NO. 836/2019, U/s 323, 504, 427 I.P.C., P/s Madiyaon, District Lucknow, during the pendency of this petition in the interest of justice."

¶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.3 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 to the learned counsel for the applicants, after taking the photocopy of the same. Order Date :- 20.12.2024 Arpan High Court of Judicature at Allahabad, Lucknow Bench