Neutral Citation No. - 2024:AHC-LKO:59583
Court No. - 13
Case :- APPLICATION U/S 482 No. - 7715 of 2024
Applicant :- Umesh And 5 Others
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy Lko.
And Another
Counsel for Applicant :- Ram Milan Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Sri Om Prakash Yadav, Advocate, has put in appearance for the
private opposite party no. 2 and has filed his Vakalatnama,
which is taken on record.
Heard learned counsel for the applicant(s), learned AGA for the
State and perused the record.
Instant application has been preferred by the
applicant(s)/petitioner(s) for quashing criminal proceedings of
Criminal Case No. 52 of 2021, arising out of Case Crime No.
0018 of 2018 under Section 498-A, 323, 504 & 506 IPC & 3/4
D.P. Act, P.S.-Mahila Thana, District-Unnao.
Learned counsel for the applicant(s) submitted that both the
parties have amicably settled their dispute outside the Court and
have entered into a compromise and a copy of compromise
deed, duly signed by the parties, is annexed as Annexure No. 1
to the present application. As such, keeping in view the
settlement arrived at between the parties and the law laid down
by the Hon'ble Apex Court in this regard, the proceedings
impugned are liable to be quashed.
Whether the parties have, in fact, compromised the matter or
not, can best be ascertained by the Trial Court as such
compromise has to be duly verified in presence of the parties
concerned before the Court.
Considering the aforesaid, this application is disposed of finally
in following terms:-
(i) The parties to the proceedings in issue shall appear and file
the compromise before the concerned Court within four week's
from today.
(ii) If the parties appear before the concerned Court in terms of
above, the concerned Court shall proceed to verify the
compromise between the parties to the proceedings and prepare
a report to the same effect and the original compromise deed be
made part of record.
(iii) The concerned Court shall conclude the process of
verification of compromise within two week's from the date of
production of copy of this order.
(iv) The concerned Court shall permit the parties to the
proceedings to obtain the certified copy of the report as well as
compromise deed.
(v) It shall be open to the applicant(s) to approach this Court
again for quashing of the proceedings.
(vi) Office is directed to provide original compromise, if any, to
the counsel for the applicant(s), after retaining its photocopy on
record. It is for the purposes for its verification by the
concerned Court.
(vii) For a period of eight weeks, no coercive action shall be
taken against the applicant(s) in the aforesaid case.
Order Date :- 31.8.2024
Vinay/-
Digitally signed by :-
VINAY KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench