SURAJ SINGH AND 3 ORS v. STATE OF U.P. AND ANOTHER
A482/21018/2016 · 2025-09-07
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41310 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41310 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 21018 of 2016 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J.
1. Heard learned counsel for the applicants, learned counsel for the opposite party No. 2, learned A.G.A. for the State and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Case No. 706 of 2016, arising out of Case Crime No. 443 of 2015, (State of U.P. vs. Omkar Nath Singh and others) under Sections 419, 420, 452, 323, 504, 506, IPC, Police Station Lanka, District Varanasi, pending in the Court of learned Ist Judicial Magistrate, Varanasi, on the basis of compromise dated 18.01.2021. 3. Learned counsel for the applicants has filed the compromise deed dated 18.01.2021 duly signatured by the applicants and the informant. 4. Learned counsel for the applicants submit that the parties have amicably settled their disputes vide compromise deed dated 18.1.2021, which has been placed as Annexure No. "4" wherein it has been mentioned that opposite party no. 2 does not want to press the case. Therefore, no useful purpose would be served in continuing the proceedings before the Court concerned and the same is not only sheer wastage of time of the Court but also abuse of process of law. 5. Learned counsel for the opposite party no. 2 does not dispute the submissions advanced by the learned counsel for the applicants or correctness of the documents relied upon by him. 6. Learned A.G.A., however, submits that it is the trial Court, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court and move an application with respect to compromise between the parties, which will be decided in accordance with law. 7. In view of above, without expressing any opinion on the merit of the case, both the parties are directed to appear before the Trial Court along with compromise deed as well certified copy of this order within three weeks from today.
It is expected that Court concerned may fix a date for the verification of the compromise and after Versus Counsel for Applicant(s) : Sameer Jain Counsel for Opposite Party(s) : G.A., K.S. Tiwari, Vinod Kr Pandey Suraj Singh And 3 Ors .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
ensuring the presence of the parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, after giving opportunity of hearing to both the parties, preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the Court concerned shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not. 8. 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. 9. Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case. 10. With the aforesaid directions, this application is finally disposed of. September 8, 2025 Gss A482 No. 21018 of 2016 2 (Nand Prabha Shukla,J.) Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad