Heard Sri Deo Raj Singh, learned counsel for applicants, Sri Vinod Kumar Singh, holding brief of Sri Vinay Kumar Dubey, learned counsel appearing for opposite party no.2 as well as learned counsel appearing for the State and perused the record.
Learned counsel for applicants as well as learned counsel representing opposite party no.2 jointly submits that an FIR was lodged by opposite party no.2 against the applicants under Sections 352,353,504,506 I.P.C. in Case Crime No.1535 of 2011, and after investigation of the same charge sheet was also filed and the Magistrate concerned has also taken cognizance of the same and issued process against the applicants to face trial.
It is submitted that though after the submission of the charge sheet better sense has prevailed between the parties and they have compromised the matter by executing a written compromise which has been placed at page no.21 of the paper book whereby it is stipulated that as the parties have amicably settled the dispute, the opposite party no.2 is not interested in prosecuting the case and on the basis of compromise the proceedings of the case pending in the court below be quashed.
It is also submitted that alleged offence is not so where the society at large or the public at large was affected by the commission of alleged offence and the pendency of the criminal case may also multiply the litigation between the parties.
Learned counsel for State would have no objection if the dispute is settled between the parties through compromise.
Whether the parties have, in fact compromised the matter or not, can best be ascertained by the court below, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the court below itself. Accordingly, the application is disposed of with direction to the court concerned that if any such compromise is filed before it within 10 days from today, it shall issue notice to all its signatories requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. The 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.
For a period of two months, no coercive action shall be taken against the present applicants.
Office is directed to return the original compromise deed to learned counsel for the applicants after taking photocopy of the same on record.
Order Date :- 28.7.2021 Irfan