Mohit Soni @ Guddu Katta And 2 Others v. State Of U.P. Thru. Prin. Secy. Home Lko

Short counter affidavit filed today by learned counsel for the opposite party no.2 is taken on record.

Heard learned counsel for the applicants, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the record.

Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following relief:- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge-sheet dated 7.11.2023 and summoning order dated 19/02/2025 against the applicants pertaining to Police station-Kotwali Nagar, Raebareli passed by the court of Learned chief judicial Magistrate Raebareli in case no. 2229/2025 (state of U.P verses Mohit Soni @Guddu Katta and others) arising out of FIR/ crime no. 0388 U/S 323,504, 506, & 308 I.P.C. Pending in the court of learned Chief judicial Magistrate Raebareli as contain Annexure No. 1 & 2 to the affidavit. It is further prayed that kindly quash the entire criminal proceedings relating to aforesaid criminal case on the basis of compromise deed as contained Annexure no. 4 to this affidavit. "

Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the instant case. He next added that under some misunderstanding, the instant F.I.R. has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 09.07.2025, which has been annexed as annexure no. 4 to the instant application. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicants are the futile exercise as there is no fate of trial and that is amount to harassment of the applicants and thus, the criminal proceedings against the applicants may be quashed.

On the other hand, learned counsel appearing for the opposite parties has supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably through a compromise deed and there is no further grievance of the opposite parties against the present applicants and the criminal proceedings against the applicants may be dropped.

Learned A.G.A. appearing for the State has no objection to the contentions aforesaid.

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.

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 three months, the proceedings initiated in pursuance of the impugned chargesheet dated 07.11.2023 and the summoning order dated 19.02.2025 in Case No. 2229/2025 (State of U.P verses Mohit Soni @Guddu Katta and others) arising out of FIR/ Case Crime no. 0388 of 2023 U/S 323, 504, 506, & 308 I.P.C., Police Station Kotwali Nagar, District Raebareli, shall remain stayed so far as applicants are concerned.

The trial Court is directed to examine the fact that whether all the parties against whom the chargesheet was filed, the party in the compromise and in this respect, it shall also sent a report along with the verification order.

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 :- 4.8.2025 Mohd. Sharif