Munna Gurjar @ Mahesh Pal Singh and Another v. State of U.P. and 2 Others

Court No. - 91 Case :- APPLICATION U/S 482 No. - 36922 of 2023 Applicant :- Munna Gurjar @ Mahesh Pal Singh And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Vakalatnama filed today by Sri Mahesh Kumar, Advocate on behalf of the opposite party nos.2 & 3 is taken on record.

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

¶3This application under Section 482 Cr.P.C. has been filed by the applicants to quash the impugned charge sheet dated 16.04.2018 and cognizance order dated 09.07.2021 as well as the entire proceedings of S.T. no.87 of 2021, arsing out of Case Crime No.57 of 2018, under Sections 308, 323 IPC and Section 3(1)(r)(s) of SC/ST Act, Police Station Konch, District Jalaun in pursuance of compromise.

¶4Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them, copy of compromise deed dated 17.10.2022 has been annexed as Annexure-5 to this affidavit. 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.

¶5Learned A.G.A. and learned counsel for the opposite party no.2 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 with respect to compromise between the parties, which will be decided in accordance with law.

¶6In view of above, without expressing any opinion on the merit of the case, both the parties are directed to appear before the Court below along with compromise deed as well certified copy of this order within two 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, 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 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?

¶7The 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 applicants to approach this Court again for quashing of the proceedings.

¶8For a period of two months, no coercive action shall be taken against the applicants in the aforesaid case.

¶9With the aforesaid directions, this application is finally disposed of. Order Date :- 13.10.2023 Sanjeet High Court of Judicature at Allahabad