Shri Anand Prakash Pandey, learned Advocate has filed his 'Vakalatnama' on behalf of the opposite party no.2. The same is taken on record.
Heard Shri Pramod Kumar Pandey, learned counsel for applicants, Shri Anand Prakash Pandey, learned counsel appearing for opposite party no.2, Ms. Parul Kant, learned Additional Government Advocate for the State and perused the record.
The instant petition has been filed by the applicants with the following prayer:
"Quash the charge sheet dated 12.05.2018 in Case Crime No.0176/2018, under Section 147, 148, 149, 452, 323, 504, 506 I.P.C., Police Station Gosaiganj, District Sultanpur by learned Civil Judge (Junior Division), Court No.31, Sultanpur in Criminal Case No.1456/2019 on the basis of compromise."
Learned counsel for applicants as well as learned counsel for opposite party no.2 jointly submit that the instant dispute between the parties is purely of personal in nature and the first information report in this case was lodged by the opposite party no.2 due to some misunderstanding, however, better sense has now prevailed between the parties and they have amicably settled their dispute and a written compromise has been executed between them, the same is placed as Annexure No.4 at page 29 of the paper book, wherein it is stipulated that parties would not prosecute the criminal case lodged against each other.
It is further submitted that the dispute between the parties is purely of personal nature and the parties have decided to part their ways and if the instant criminal case shall be allowed to remain alive, the same may generate another round of litigation between the parties.
Learned A.G.A. would have no objection to the prayer made by learned counsel for applicants as well as learned counsel for opposite party no.2 because the dispute between the parties is purely of personal nature.
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 :- 12.8.2021 Anupam S/-