Neutral Citation No. - 2024:AHC-LKO:72680
Court No. - 29
Case :- APPLICATION U/S 482 No. - 9731 of 2024
Applicant :- Prem Singh @ Prem Singh Bhattee And 3 Others
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And
Another
Counsel for Applicant :- Ravindra Kumar Singh,Anurag
Maurya
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Ravindra Kumar Singh, the learned counsel for the
applicants, Sri Rao Narendra Singh, the learned AGA for the
State, Sri Piyush Kumar Giri, Advocate who has put in
appearance on behalf of the opposite party no.2 and filed her
vakalatnama, which is taken on record.
2. By means of the instant application filed under Section 528
of BNSS, 2023 the applicants have sought quashing of the
entire proceedings of Case No.76675 of 2019, arising out of
Case Crime No.104 of 2019, under Sections 504, 506 I.P.C.
registered at Police Station Sarojini Nagar, District Lucknow
pending in the court of learned Judicial Magistrate-III,
Lucknow.
3. Learned counsel for the parties 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. 4
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.
4. 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.
5. 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.
.
[Subhash Vidyarthi,J.]
Order Date :- 25.10.2024
-Amit K-
Digitally signed by :-
AMIT KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench