Hanuman Prasad Kesarwani And 3 Others v. State of U.P & Anr.

Applicant :- Hanuman Prasad Kesarwani And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hari Om Sharan Tiwari Counsel for Opposite Party :- G.A.,Shrikant Chaturvedi Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Mr. Hari Om Sharan Tiwari, learned counsel for the applicants, Mr. Shrikant Chaturvedi, learned counsel for opposite party no.2 and Ms. Kirti Singh, learned A.G.A. appearing for the State and perused the record.

The application under Section 482 Cr.P.C. is filed with the prayer to quash the charge sheet no.70/2019 dated 16.03.2019 as well as cognizance/summoning order dated 10.10.2019 passed by Special Judge, SC/ST Act, Allahabad and entire criminal proceeding of S.T. No.471 of 2019, (State Vs. Hanuman Prasad Kesarwani & others), arising out of Case Crime No.0058 of 2019, under Sections 323, 504, 506 I.P.C., and Section 3(2)(va) of SC/ST Act, Police Station-Sarai Inayat, District-Allahabad, pending in the Court of learned Additional District Judge, Court No.15, Allahabad, on the basis of compromise.

Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them. The compromise deed dated 09.04.2024 has been moved before the Court concerned mentioning therein that they have entered into compromise and they do not want to press the case, copy of the said compromise deed has been annexed as Annexure-5 to this application. Therefore, no useful purpose would be served in continuing the proceedings before the court below and the same is not only sheer wastage of time of the Court but also abuse of the process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303.

Learned AGA as well as learned counsel for the opposite party no.2 also do not dispute the correctness of the submissions made by the learned counsel for the applicants.

Whether a compromise has taken place or not can at best be ascertained by the court, where the proceedings are pending, after ensuring the presence of the parties before it.

In view of the above, both the parties are directed to appear before the court below along with copy of compromise deed as well as a certified copy of this order within two weeks from today. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, after hearing the informant, as expeditiously as possible, preferably within a period of one month from today. While passing the order verifying the compromise, the concerned court shall also record the statement 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 facts regarding the amount towards compensation as received and stated to be returned, shall also be verified.

Upon due verification of compromise as well as compensation amount, the Court below may pass appropriate order in that regard and send a report to this Court.

Put up this case on 07.08.2024, as fresh, at 02:00 p.m.

Till then, no coercive measure shall be taken against the applicants in the aforesaid case. Order Date :- 9.7.2024 Rahul.