UDAYVEER AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
A482/33423/2017 · 2025-09-03
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47523 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47523 (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. - 33423 of 2017 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. 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. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No. 1058 of 2016 (Harendra Singh Vs. Udayveer and others), pending in the court of Additional Chief Judicial Magistrate, Court No. 2, Aligarh, u/s 394, 323, 504, 506 IPC, P.S. Akrabad, District Aligarh (U.P.) including the summoning order dated 24.08.2017 passed by the learned Additional Chief Judicial Magistrate, Court No. 2, Aligarh and it is further prayed to stay the aforesaid proceedings.
Learned counsel for the applicants has filed the supplementary affidavit annexing the original/certified copy of the compromise deed dated
24.05.2025. Learned counsel for the applicants submit that the parties have amicably settled their disputes vide compromise dated 24.05.2025, 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.
Learned counsel for the opposite parties does not dispute the submissions advanced by the learned counsel for the applicants or correctness of the Versus Counsel for Applicant(s) : Akhilesh Srivastava, Saksham Srivastava Counsel for Opposite Party(s) : Devraj Pathak, Diwakar Tiwari, G.A. Udayveer And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
documents relied upon by him.. 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. 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 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. 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. Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case. With the aforesaid directions, this application is finally disposed of. September 4, 2025 Nisha A482 No. 33423 of 2017 2 (Nand Prabha Shukla,J.) Digitally signed by :- nisha kumari High Court of Judicature at Allahabad