Allahabad High Court
Chhotu @ Atul Shukla And 3 Others vs State Of U.P. Thru.Secy. Home ... on 17 January, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- APPLICATION U/S 482 No. - 366 of 2023
Applicant :- Chhotu @ Atul Shukla And 3 Others
Opposite Party :- State Of U.P. Thru.Secy. Home Affairs Lko. And Another
Counsel for Applicant :- Pankaj Kumar Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicants, Sri Anirudh Kumar Singh,learned A.G.A. for the State and perused the record.
The instant application under Section 482 Cr.P.C. has been filed for quashing of the entire proceedings of Special Trial No. 253 of 2022, State of U.P. Vs. Chhotu alias Atul Shukla and others, pending before the learned Special Judge, SC/ST Act, Sitapur on the basis of compromise deed dated 14-12-2022 duly executed by the complainant.
Learned counsel appearing for the applicants submits that the applicants and complainant are neighbours and due to certain domestic quarrel, the instant F.I.R. was lodged against the applicants. He next added that there is no injury on the body of the injured person and in fact after some period of time, the parties sat together and settled their dispute amicably and thereafter, the parties entered into a compromise and the compromise deed has been reduced in writing on 14-12-2022, which has been annexed as annexure no. 6 to the instant application. He further added that now there is no grievance of the complainant against the applicants.
Adding his arguments, he submits that this matter is squarely covered by the Judgment of the Apex Court in the Case reported in 2021 SCC OnLine SC 966, Ramawatar Versus State of Madhya Pradesh. Referring paragraph nos. 10,11 & 16 of the said Judgment, he submits that since there is no injury on the body of the alleged injured person and now there is no dispute in between the parties as they have settled the dispute through compromise deed and as such, the case of the present applicant warrants interference by this court and criminal proceedings initiated against the applicants may be quashed.
On the other hand, learned A.G.A. appearing for the State has opposed the contentions aforesaid on merit, but, he has no objection if the matter is being settled through the compromise in between the parties.
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 applicants to approach this Court again for quashing of the proceedings.
For a period of one month, the proceedings initiated in pursuance of Special Trial No. 253 of 2022, State of U.P. Vs. Chhotu alias Atul Shukla and others, pending before the learned Special Judge, SC/ST Act, Sitapur, shall remain stayed so far as applicants are concerned.
Office is directed to return the original compromise deed to the learned counsel for the applicants, if any, after taking the photocopy of the same.
Order Date :- 17.1.2023
AKS
