State of U.P. and Another v. Party

"Sri Ashok Kumar Mishra, Advocate has filed a short counter affidavit alongwith his vakalatnama on behalf of opposite party no.2, let it be kept on record. Learned counsel for the applicant and learned counsel for opposite party no.2 are present. It is submitted by both the counsels that the parties have arrived at a compromise. The compromise deed is appended at page-49 of the paper book. As some of the sections involved are non-compoundable, hence, a direction is sought for the trial court to verify their compromise deed. As the dispute is personal and the compromise between the parties would not affect the society adversely, hence, the parties are directed to appear before the trial court within 15 days from today alongwith their original compromise deed. If the parties appear before the trial court within the time stipulated alongwith their original compromise deed, the trial court shall verify the said compromise deed, pass a verification order thereon and transmit the certified copy of the verified compromise deed alongwith the certified copy of the verification order passed thereon, to this Court before the date fixed. A report be summoned from the District Magistrate concerned through the Registrar General, High Court Allahabad as to how much amount was received by the opposite party no.2/ victim as compensation from the State Government with regard to the present case. Opposite party no.2 is directed to deposit the amount, if any, received by her and place its receipt before the Court on the date fixed. List on 22.03.2024 in the additional cause list. Till then, no coercive action shall be taken against the applicant in S.T. No.14 of 2023 (State vs. Ravi Yadav) arising out of Case Crime No.88 of 2022, under Sections 452, 354, 506 I.P.C. and 3(2) (va) SC/ST Act, Police Station Ait, District- Jalaun, pending in the court of Additional District Judge/ Special Judge (SC/ST) Act, Jalaun at Orai."

5. In compliance of the order dated 22.02.2024, learned Special Judge (S.C./S.T. Act), Jalaun at Orai has submitted its compromise verification 3 A482 No. 1985 of 2024 report dated 20.03.2024 along with the copy of compromise verification order dated 19.03.2024, wherein learned court concerned has observed that both the parties were appeared before the court below and have been identified by their respective counsels. The contents of the compromise have been spelled out to the parties who have admitted the factum of the compromise and stated that they have entered into compromise on their own volition without any duress. Their statements were also recorded and, in presence of both the parties, the compromise (Paper No. 27-Ka) has been verified. In its report dated 20.03.2024, learned court concerned has observed that the victim has received compensation amounting to Rs. 1,50,000/- under the S.C./S.T. Act; however, said amount has been returned in the government exchequer through challan. Certified copy of the challan, certified copy of the compromise application and certified copy of the compromise verification order dated 19.03.2024, which has been endorsed on the rear side of second page of the compromise, are filed as Annexure No. 1 and 2 respectively to the supplementary affidavit filed today.

6. It is submitted by learned counsel for the applicant that in the above eventuality of amicable settlement took place between the parties, instant application may be allowed and the entire criminal proceedings may be quashed. It is further submitted that both the parties have entered into compromise out of their own volition without any duress and buried the hatchet. There is no grudges between them against each other. To quash the cognizance order as well as criminal proceeding, learned counsel for the applicant has relied upon the following judgments of the Hon'ble Apex Court:- (i) B.S.Joshi & Others Vs. State of Haryana & Others; (2003) 4 SCC 675. (ii) Nikhil Merchant Vs. Central Bureau of

"Sri Ashok Kumar Mishra, Advocate has filed a short counter affidavit alongwith his vakalatnama on behalf of opposite party no.2, let it be kept on record. Learned counsel for the applicant and learned counsel for opposite party no.2 are present. It is submitted by both the counsels that the parties have arrived at a compromise. The compromise deed is appended at page-49 of the paper book. As some of the sections involved are non-compoundable, hence, a direction is sought for the trial court to verify their compromise deed. As the dispute is personal and the compromise between the parties would not affect the society adversely, hence, the parties are directed to appear before the trial court within 15 days from today alongwith their original compromise deed. If the parties appear before the trial court within the time stipulated alongwith their original compromise deed, the trial court shall verify the said compromise deed, pass a verification order thereon and transmit the certified copy of the verified compromise deed alongwith the certified copy of the verification order passed thereon, to this Court before the date fixed. A report be summoned from the District Magistrate concerned through the Registrar General, High Court Allahabad as to how much amount was received by the opposite party no.2/ victim as compensation from the State Government with regard to the present case. Opposite party no.2 is directed to deposit the amount, if any, received by her and place its receipt before the Court on the date fixed. List on 22.03.2024 in the additional cause list. Till then, no coercive action shall be taken against the applicant in S.T. No.14 of 2023 (State vs. Ravi Yadav) arising out of Case Crime No.88 of 2022, under Sections 452, 354, 506 I.P.C. and 3(2) (va) SC/ST Act, Police Station Ait, District- Jalaun, pending in the court of Additional District Judge/ Special Judge (SC/ST) Act, Jalaun at Orai."

5. In compliance of the order dated 22.02.2024, learned Special Judge (S.C./S.T. Act), Jalaun at Orai has submitted its compromise verification 3 A482 No. 1985 of 2024 report dated 20.03.2024 along with the copy of compromise verification order dated 19.03.2024, wherein learned court concerned has observed that both the parties were appeared before the court below and have been identified by their respective counsels. The contents of the compromise have been spelled out to the parties who have admitted the factum of the compromise and stated that they have entered into compromise on their own volition without any duress. Their statements were also recorded and, in presence of both the parties, the compromise (Paper No. 27-Ka) has been verified. In its report dated 20.03.2024, learned court concerned has observed that the victim has received compensation amounting to Rs. 1,50,000/- under the S.C./S.T. Act; however, said amount has been returned in the government exchequer through challan. Certified copy of the challan, certified copy of the compromise application and certified copy of the compromise verification order dated 19.03.2024, which has been endorsed on the rear side of second page of the compromise, are filed as Annexure No. 1 and 2 respectively to the supplementary affidavit filed today.

6. It is submitted by learned counsel for the applicant that in the above eventuality of amicable settlement took place between the parties, instant application may be allowed and the entire criminal proceedings may be quashed. It is further submitted that both the parties have entered into compromise out of their own volition without any duress and buried the hatchet. There is no grudges between them against each other. To quash the cognizance order as well as criminal proceeding, learned counsel for the applicant has relied upon the following judgments of the Hon'ble Apex Court:- (i) B.S.Joshi & Others Vs. State of Haryana & Others; (2003) 4 SCC 675. (ii) Nikhil Merchant Vs. Central Bureau of