Sandeep Mishra @ Sidharth Mishra v. State of U.P. Thru. Prin. Secy. Home Lko and 2 Others

Court No. - 13 Case :- APPLICATION U/S 482 No. - 11747 of 2024 Applicant :- Sandeep Mishra @ Sidharth Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 2 Others Counsel for Applicant :- Arpit Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶3The instant application has been filed by the applicant for quashing the impugned summoning order dated 05.01.2017 issued by learned Additional Chief Judicial Magistrate, (C.B.I.), A.P., Lucknow in Case No. 654 of 2017 arising out of Case Crime No. 625 of 2016 u/s 323, 504, 506, 354 I.P.C., Police Station-Wazirganj, District-Lucknow and impugned charge-sheet dated 22.09.2016 including entire criminal proceeding of the aforesaid case.

¶4Learned counsel for the applicant 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.4 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 applicant to approach this Court again for quashing of the proceedings.

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

¶9Office is directed to return the original compromise deed to the learned counsel for the applicant, after taking the photocopy of the same. Order Date :- 20.12.2024 Arpan High Court of Judicature at Allahabad, Lucknow Bench