Yogesh Jain and 3 Others v. State of U.P. and Another

Court No. - 91 Case :- CRIMINAL REVISION No. - 1694 of 2013 Revisionist :- Yogesh Jain And 3 Others Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Amit Daga Counsel for Opposite Party :- Govt. Advocate,Shiv Sagar Singh with Case :- CRIMINAL REVISION No. - 1657 of 2013 Revisionist :- Anil Kumar Jain Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Amit Daga Counsel for Opposite Party :- Govt. Advocate Hon'ble Gajendra Kumar,J.

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

¶2These criminal revisions have been filed by the revisionists to quash the impugned order dated 30.03.2013 and entire proceedings of Crl. Case No. 773/009 of 2013, State of U.P. Vs. Mohd. Shahid and others, under section 420, 468 IPC, arising out of case crime no. 166 of 2012, P.S. Mansoorpur, District Muzaffar Nagar, pending in the court of Additional Chief Judicial Magistrate, Court No. 3, Muzaffar Nagar.

¶3Learned counsel for the revisionists submits that the parties have reconciled their differences and a compromise has been entered between them. 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 A.G.A., 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 revisionists may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law.

¶5In view of above, without expressing any opinion on the merit of the case, both the parties are directed to appear before the Court below and move an application for compromise along with certified copy of this order within four weeks from today. It is expected that Court below may fix a date for the verification of the compromise and after ensuring the presence of the parties, preferably within a period of two months from the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the Court concerned shall also record the statements of the parties 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 parties to obtain certified copy of the report as well as compromise and it will be open to the revisionists to approach this Court again for quashing of the proceedings.

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

¶8With the aforesaid directions, these criminal revisions are disposed off. Order Date :- 6.11.2023 Ashutosh High Court of Judicature at Allahabad