Tushar Kotnala v. State of U.P.And Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 9713 of 2022 Applicant :- Tushar Kotnala Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Satyendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for applicant and the learned A.G.A.

¶2This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet No. 01 of 2021 dated 31.07.2021 along with cognizance order dated 08.02.2022 as well as entire proceeding of Criminal Case No. 1073 of 2022 (State vs. Tushar Kotnala), arising out of Case Crime No. 0611 of 2021, under Sections 323, 504, 506 IPC, Police Station Nandgram, District Ghaziabad, pending in the court of Additional Civil Judge (Senior Division)/ Ist Additional Chief Judicial Magistrate, Ghaziabad, on the basis of compromise.

¶3Learned counsel for the applicants submits that the applicant and the opposite party no. 2 have reconciled their differences and a compromise has been entered between them, and the compromise deed is annexed as annexure-1 to the Crl. Misc. Application dated

17.06.2023. Therefore, no useful purpose would be served in continuing the proceedings before the court below and the same is not only sheer wastage of time of the Court but also abuse of process of law.

¶4Learned AGA, however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court below and move an application along with copy of compromise between the parties, which will be decided in accordance with law.

¶5In view of the above, the applicant and the opposite party no. 2 are directed to appear before the court below along with compromise and an application for verification of compromise deed so filed as well as a certified copy of this order within two weeks from today. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring their presence, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from today. While passing the order verifying the compromise, the concerned court shall also record the statement of the applicants and the opposite party no. 2 as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not.

¶6The court in that scenario will allow the applicant and the opposite party no. 2 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.

¶7For a period of two months, no coercive action shall be taken against the applicants in the aforesaid case.

¶8With the aforesaid directions, this application is finally disposed of. Order Date :- 3.11.2023 v.k.updh. High Court of Judicature at Allahabad