Allahabad High Court
Jai Prakash Singh @ J.P. Singh vs State Of U.P. Thru. Prin. Secy. ... on 23 August, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:56097
Court No. - 28
Case :- APPLICATION U/S 482 No. - 8365 of 2023
Applicant :- Jai Prakash Singh @ J.P. Singh
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another
Counsel for Applicant :- Anil Kumar Sharma
Counsel for Opposite Party :- G.A.,Vivek Kumar Srivastava
Hon'ble Shree Prakash Singh,J.
Sri Vivek Kumar Srivastava,Advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2 and the same is taken on record.
Heard learned counsel for the applicant, Sri Vivek Kumar Srivastava, learned counsel for opposite party no. 2, Sri Sushil Kumar Pandey, learned A.G.A. for the State and perused the record.
The instant application under Section 482 Cr.P.C. has been filed with the prayer to set aside the chargesheet dated 15-12-1991, filed in Case Crime No. 477A/1991, U/s 147,148,149,307 of I.P.C., Police Station-Hasanganj, District-Lucknow pending in the court of learned J.M.2nd, District-Lucknow registered as Case Crime No.477A/1991 and the entire proceedings of Case Crime No. 477 A/1991 U/s 147,148,149,307 of I.P.C., Police Station-Hasanganj, District-Lucknow and consequential non bailable warrant issued by the learned J.M. 2nd, Lucknow in the aforesaid case crime number.
Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been implicated in the instant case. He next added that due to some misunderstanding, the F.I.R. has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 09-08-2023, which has been annexed as annexure no. 3 to the instant application. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicant are the futile exercise as there is no fate of trial and that is amount to harassment of the applicant. He submits that the case of the present applicant is squarely covered with the ratio of Judgment in the case of State of Madhya Pradesh Vs Laxmi Narayan and others, reported in (2019) 5 Supreme Court Cases, 688 as it is not a injury case as has been mentioned in paragraph no. 10 of the affidavit file din support of the instant application.Thus, submission is that the criminal proceedings against the applicant may be quashed.
On the other hand, learned counsel appearing for the opposite party no. 2 has supported the version of the learned counsel for the applicant and submits that the parties have settled their dispute amicably through a compromise deed and there is no further grievance of the opposite parties against the present applicant and the criminal proceedings against the applicant may be dropped.
Learned A.G.A. appearing for the State has no objection to the contentions aforesaid.
Now whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below as such compromise has to be duly verified in presence of the parties concerned before the Court.
Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise 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 applicant to approach this Court again for quashing of the proceedings.
For a period of two months, the proceedings initiated in pursuance of chargesheet dated 15-12-1991, filed in Case Crime No. 477A/1991, U/s 147,148,149,307 of I.P.C., Police Station-Hasanganj, District-Lucknow pending in the court of learned J.M.2nd, District-Lucknow registered as Case Crime No.477A/1991 and the entire proceedings of Case Crime No. 477 A/1991 U/s 147,148,149,307 of I.P.C., Police Station-Hasanganj, District-Lucknow and consequential non bailable warrant issued by the learned J.M. 2nd, Lucknow in the aforesaid case crime number,shall remain stayed so far as present applicant is concerned.
The trial court is further directed for ensuring the fact that all the parties against whom the chargesheet was filed are present before the trial court and a report with respect to this effect shall also be sent alongwith verification order.
Order Date :- 23.8.2023
AKS
