Short counter affidavit along with the power has been filed by Shri Sanjay Kumar Pandey on behalf of opposite party no.2 and the same is taken on record.
Heard Shri Rajesh Kumar, learned counsel for the applicants, Shri Sanjay Kumar Pandey, learned counsel appearing for the opportunist party no.2 and learned AGA for the State as well as perused the record.
The instant application has been moved by the applicants- Raj Narayan Upadhyay, Dev Narayan Upadhyay, Krishna Narayan Upadhyay and Ramapati Upadhyay requesting to quash the entire proceedings of Criminal Case No. 3584 of 2015; State Vs. Raj Narayan Upadhyay and others, arising out of Case Crime No. 81 of 2015, under Sections 452, 323, 504, 506 IPC, relating to Police Station Ahirauli, District Ambedkar Nagar, pending in the court of learned Chief Judicial Magistrate, Ambedkar Nagar as well as impugned charge sheet no. 61/15, dated 2.6.2015, submitted against the applicants by the Investigating Officer in aforesaid case crime number, as contained in Annexure No.1 to the instant petition, in the light of compromise, attained between the parties, in the interest of law and justice.
While referring to the compromise placed at page no. 23 of the paper book, learned counsel for the applicants as well as learned counsel representing the opposite party no.2 submit that due to some misunderstanding an FIR was lodged by the opposite party no.2 against the applicants, however, the better sense has now prevailed between the parties and they have settled all the disputes pending between them by entering into a compromise which has been placed on record.
It is also submitted that it has been stipulated in the compromise that the parties shall not prosecute criminal cases filed by them against each other and thus in the background of the compromise all the proceedings pending before the court below are nothing but the abuse of the process of law and the same be quashed.
Learned AGA would have no objection if the minor criminal dispute between the parties is settled by way of 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 the 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 also allow the parties to obtain certified copy of the report as well as of compromise and it will thereafter be open to the applicant to approach this Court again for quashing of the proceedings.
For a period of one month from today, the applicants shall not be arrested in lieu of any warrants etc. 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 a photocopy of the same on record.
Order Date :- 26.8.2021 Muk