Ramesh Kumar Maurya vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 1023 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 
Case :- APPLICATION U/S 482 No. - 5439 of 2021
 
Applicant :- Ramesh Kumar Maurya
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home. Lko And Another
 
Counsel for Applicant :- Santosh Kumar Kanaujia
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioners and learned A.G.A. for the State as well as Shri Anil Kumar, learned counsel appearing for respondent no. 2 who has filed vakalatnama which is taken on record.

Learned counsel for the petitioners submits that the dispute between the parties has been amicably settled outside the Court by way of entering into compromise which is on record along with supplementary affidavit. It is further submitted that since the dispute has been settled outside the Court by the parties, the proceedings impugned are liable to be quashed in view of the judgment of Supreme Court in the case of "Gian Singh Vs. State of Punjab" reported in "(2012) 10 SCC 303", "Narinder Singh and others Vs. State of Punjab and another" reported in "(2014) 6 SCC 466" and "Parbatbhai Aahir Vs. State of Gujrat reported in (2017) 9 SCC 641".

Learned counsel for respondent no. 2 concedes the argument of learned counsel for the petitioners.

Learned A.G.A. has no objection if the proceedings are quashed provided the compromise is first verified by the competent Court.

In view of the above the parties are directed to appear before the learned trial court on 26.04.2022 along with the copy of original compromise deed, who shall verify the compromise in presence of the parties within one week thereafter and keep a report of the verification on the record of the Court after providing its copies to the parties.

For a period of one month, the proceedings of case No. 965 of 2020 "State Vs. Ramesh Kumar", arising out of case crime No. 754/2019, under Sections 354 I.P.C., P.S. Kheri, District Kheri, shall be kept in abeyance.

In view of the above, the petition is disposed of.

Liberty to the parties is granted to approach this Court again for quashing of the proceedings on the basis of compromise and its verification.

Office is directed to return the original compromise to learned counsel for the petitioners as per Rules of the Court.

Order Date :- 8.4.2022

R.C.