Shri Udai Pratap Yadav, learned Advocate has filed his 'Vakalatnama' on behalf of the opposite party no.2. The same is taken on record.
Heard Shri Krishna Kumar Verma, learned counsel for applicants, Shri Udai Pratap Yadav, learned counsel appearing for opposite party no.2, Shri Rajeev Kumar Verma, learned Additional Government Advocate for State and perused the record.
The instant petition has been filed by the applicants with a prayer to quash the Charge sheet No.01 dated 18.02.2020 and summoning order passed by learned Additional Chief Judicial Magistrate, Lucknow pertaining to the F.I.R. No.0513/2019, under Sections 307, 436 I.P.C., Police Station Indira Nagar, District Lucknow on the basis of compromise deed.
Learned counsel for applicants as well as learned counsel for opposite party no.2 jointly submit that applicant no.1 and 2 are husband and wife. The opposite party no.2 is father of the applicant no.1 and father-in-law of the applicant no.2 and the F.I.R. in this case was lodged by the opposite party no.2 against the applicants only on the basis of suspicion and after lodging of F.I.R. the applicants and opposite party no.2 had also given their affidavit to the investigating officer stating therein that the F.I.R. has been lodged by the opposite party no.2 due to some misunderstanding and no incident as reported in the F.I.R. had actually occurred. It is further submitted by them that no injury of any kind was sustained by the opposite party no.2 or any other person in the incident and thus the F.I.R. was lodged as the applicants and opposite party no.2 were not carrying healthy relations. It is also submitted that the dispute between the parties is purely of personal nature and neither the society nor public at large is having any stake therein. It is also submitted that since the parties have amicably settled the dispute and no injury of any kind was sustained by opposite party no.2 or any other person in the alleged incident and the case in any case is not of Section 307 I.P.C. and in the background of the compromise entered into between the parties, which has been placed as Annexure No.3, the proceedings pending in the court below are nothing but the abuse of the process of law and therefore, the entire proceedings of criminal case be quashed.
Learned A.G.A. would have no objection with regard to the verification of the compromise, but submits that this fact is to be verified whether any injury was sustained by the opposite party no.2 in the incident.
Having heard learned counsel for the parties and having perused the record without commenting anything on the merits and demerits of the case, since the parties have entered into a compromise and it is specifically stated that the opposite party no.2 or any other person was not injured in the incident, which can be verified at the stage when the parties will again approach this Court for quashing of the proceedings, the compromise could be sent to the trial court for verification. However at the time of considering verification report of trial court, before quashing the proceedings of subordinate court, it shall be verified by the State as to whether any injury was sustained in the incident by any one.
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, this application is disposed of with direction to the court concerned that if any such compromise is filed before it within a period of 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 30 days from today, the applicants shall not be arrested in pursuance of any coercive process which might have been issued by the trial court in the above mentioned case.
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 :- 17.8.2021 Anupam S/-