Unnao, in Case (State v. Sarvesh and others), pending in the court of C.J

Shri Praveen Kumar Pandey, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2, in Application Under Section 482CrPC No. 1329 of 2025, which is taken on record. Shri Amit Kumar, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2, in Application Under Section U/S 482 CrPC No.1334 of 2025, which is taken on record. Heard learned counsel for the parties and gone through the record. The application U/S 482 No.-1329 of 2025 has been filed for the following main relief:- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding in Case Crime No.45/2022, under section 354(Kha), 323, 504, 506, 147, IPC, Police Station- Makhi, District-Unnao, in Case (State Vs. Sarvesh and others), pending in the court of C.J (J.D)/F.T.C (CAW) Court Unnao as well as impugned Summoning order dated 23.01.2025 and charge sheet dated 05.04.2022 as contained in Annexure no. 1 and 2 to this Petition." The application U/S 482 No.-1334 of 2025 has been filed for the following main relief:- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding in Case Crime No.46/2022, under section 354(Kha), 323, 504, 506, 147, IPC, Police Station- Makhi, District-Unnao, in Case (State Vs. Arvind @Arvind Kumar and Others), pending in the court of C.J (J.D)/F.T.C. (CAW) Court Unnao as well as impugned Summoning order dated 23.01.2025 and charge sheet dated 09.04.2022 as contained in Annexure no. 1 and 2 to this Petition." It is stated that in relation to the dispute related to the possession over the property, an application was preferred by opposite party No.2-Smt. Sangeeta to the City Magistrate, Unnao on 02.03.2022. It is further submitted that after the aforesaid an altercation took place between the parties on 03.03.2022. It is further stated that thereafter an F.I.R. was lodged by opposite party No.2, in Application U/S 482 No.1329/2025, on 04.03.2022, registered as F.I.R./Case Crime No.0045/2022, under Sections 354-Kha, 323, 504, 506, 147 I.P.C. at Police Station Makhi, District-Unnao. This F.I.R. No.0045/2022, dated 04.03.2022 indicates that on 03.03.2022 at about 8.00 A.M. applicant Nos. 1 to 4 assaulted the opposite party No. 2 and hurled abuses and also torn the cloths and snatched the golden locket belonging to the opposite party No.2/Smt. Sangeeta Verma and the opposite party No.2 at the relevant point of time was the Pradhan of the Village. After investigation, charge sheet was filed against the accused named in the F.I.R., namely (i) Sarvesh S/o Ram Khelawan, (ii) Sudhir S/o Satti Deen (iii) Sandeep S/o Satti Deen (iv) Sachin S/o Ram Khelawan (v) Smt. Soni Devi W/o Sudheer. It is stated that another F.I.R. was also lodged from the side of the applicants by applicant No.5-Smt. Soni Devi @ Soni W/o Sudheer @ Sudheer Kumar, in Application U/S 482 No.1329 of 2025, implicating (i) Arvind Kumar @ Arvind, (ii) Virendra Kumar, (iii) Surendra Kumar, (iv) Tribhuvan Kumar and (v) Smt. Sangeeta Verma W/o Arvind Kumar @ Arvind, who are applicant Nos. 1 to 5 in the Application U/S 482 No.1334/2025 making allegations therein to attract the Sections 354Kha, 323, 504, 506, 147 I.P.C. and this F.I.R. was also lodged on 04.03.2022, as F.I.R./Case Crime No.0046/2022, at Police Station-Makhi, District-Unnao. It is further stated that the Investigating Officer, after completion of the Investigation in relation to the F.I.R. No.0046/2022 filed charge sheet against named accused namely (i) Arvind Kumar @ Arvind, (ii) Virendra Kumar, (iii) Surendra Kumar, (iv) Tribhuvan Kumar and (v) Smt. Sangeeta Verma W/o Arvind Kumar @ Arvind. It is also submitted that from the aforesaid, it is apparent that on account of Village Party Bandi and dispute related to land, the F.I.R.s as aforesaid, were lodged from both the sides. It is further stated that during pendency of the proceedings before the trial court both the parties have resolved their dispute amicably, which is evident from the deed of compromise on record as Annexure No.4 in both the application(s). As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Trial Court as such compromise has to be duly verified in presence of the parties concerned before the Court. Considering the aforesaid, this application is disposed of finally in following terms:- (i) The parties to the proceedings, i.e. Case Crime No.45/2022, under section 354(Kha), 323, 504, 506, 147, IPC, Police Station- Makhi, District-Unnao, (State Vs. Sarvesh and others), pending in the court of C.J (J.D)/F.T.C (CAW) Court Unnao and the parties to the proceedings, i.e. Case Crime Case Crime No.46/2022, under section 354(Kha), 323, 504, 506, 147, IPC, Police Station- Makhi, District-Unnao, (State Vs. Arvind @ Arvind Kumar and Others), pending in the court of C.J (J.D)/F.T.C. (CAW) Court Unnao shall appear and file the compromise before the concerned Court within four week's from today. (ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record. (iii) The concerned Court shall conclude the process of verification of compromise within four week's from the date of production of copy of this order. (iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed. (v) It shall be open to the applicants of both the applications/petitions to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise to the Counsel for the applicants in both the applications/petitions, after retaining its photocopy on record. It is for the purposes for its verification by the concerned court. (vii) For a period of eight weeks, no coercive action shall be taken against the applicants in both the applications/petitions in the aforesaid case. Order Date :- 12.2.2025 ML/- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

Shri Praveen Kumar Pandey, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2, in Application Under Section 482CrPC No. 1329 of 2025, which is taken on record. Shri Amit Kumar, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2, in Application Under Section U/S 482 CrPC No.1334 of 2025, which is taken on record. Heard learned counsel for the parties and gone through the record. The application U/S 482 No.-1329 of 2025 has been filed for the following main relief:- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding in Case Crime No.45/2022, under section 354(Kha), 323, 504, 506, 147, IPC, Police Station- Makhi, District-Unnao, in Case (State Vs. Sarvesh and others), pending in the court of C.J (J.D)/F.T.C (CAW) Court Unnao as well as impugned Summoning order dated 23.01.2025 and charge sheet dated 05.04.2022 as contained in Annexure no. 1 and 2 to this Petition." The application U/S 482 No.-1334 of 2025 has been filed for the following main relief:- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding in Case Crime No.46/2022, under section 354(Kha), 323, 504, 506, 147, IPC, Police Station- Makhi, District-Unnao, in Case (State Vs. Arvind @Arvind Kumar and Others), pending in the court of C.J (J.D)/F.T.C. (CAW) Court Unnao as well as impugned Summoning order dated 23.01.2025 and charge sheet dated 09.04.2022 as contained in Annexure no. 1 and 2 to this Petition." It is stated that in relation to the dispute related to the possession over the property, an application was preferred by opposite party No.2-Smt. Sangeeta to the City Magistrate, Unnao on 02.03.2022. It is further submitted that after the aforesaid an altercation took place between the parties on 03.03.2022. It is further stated that thereafter an F.I.R. was lodged by opposite party No.2, in Application U/S 482 No.1329/2025, on 04.03.2022, registered as F.I.R./Case Crime No.0045/2022, under Sections 354-Kha, 323, 504, 506, 147 I.P.C. at Police Station Makhi, District-Unnao. This F.I.R. No.0045/2022, dated 04.03.2022 indicates that on 03.03.2022 at about 8.00 A.M. applicant Nos. 1 to 4 assaulted the opposite party No. 2 and hurled abuses and also torn the cloths and snatched the golden locket belonging to the opposite party No.2/Smt. Sangeeta Verma and the opposite party No.2 at the relevant point of time was the Pradhan of the Village. After investigation, charge sheet was filed against the accused named in the F.I.R., namely (i) Sarvesh S/o Ram Khelawan, (ii) Sudhir S/o Satti Deen (iii) Sandeep S/o Satti Deen (iv) Sachin S/o Ram Khelawan (v) Smt. Soni Devi W/o Sudheer. It is stated that another F.I.R. was also lodged from the side of the applicants by applicant No.5-Smt. Soni Devi @ Soni W/o Sudheer @ Sudheer Kumar, in Application U/S 482 No.1329 of 2025, implicating (i) Arvind Kumar @ Arvind, (ii) Virendra Kumar, (iii) Surendra Kumar, (iv) Tribhuvan Kumar and (v) Smt. Sangeeta Verma W/o Arvind Kumar @ Arvind, who are applicant Nos. 1 to 5 in the Application U/S 482 No.1334/2025 making allegations therein to attract the Sections 354Kha, 323, 504, 506, 147 I.P.C. and this F.I.R. was also lodged on 04.03.2022, as F.I.R./Case Crime No.0046/2022, at Police Station-Makhi, District-Unnao. It is further stated that the Investigating Officer, after completion of the Investigation in relation to the F.I.R. No.0046/2022 filed charge sheet against named accused namely (i) Arvind Kumar @ Arvind, (ii) Virendra Kumar, (iii) Surendra Kumar, (iv) Tribhuvan Kumar and (v) Smt. Sangeeta Verma W/o Arvind Kumar @ Arvind. It is also submitted that from the aforesaid, it is apparent that on account of Village Party Bandi and dispute related to land, the F.I.R.s as aforesaid, were lodged from both the sides. It is further stated that during pendency of the proceedings before the trial court both the parties have resolved their dispute amicably, which is evident from the deed of compromise on record as Annexure No.4 in both the application(s). As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Trial Court as such compromise has to be duly verified in presence of the parties concerned before the Court. Considering the aforesaid, this application is disposed of finally in following terms:- (i) The parties to the proceedings, i.e. Case Crime No.45/2022, under section 354(Kha), 323, 504, 506, 147, IPC, Police Station- Makhi, District-Unnao, (State Vs. Sarvesh and others), pending in the court of C.J (J.D)/F.T.C (CAW) Court Unnao and the parties to the proceedings, i.e. Case Crime Case Crime No.46/2022, under section 354(Kha), 323, 504, 506, 147, IPC, Police Station- Makhi, District-Unnao, (State Vs. Arvind @ Arvind Kumar and Others), pending in the court of C.J (J.D)/F.T.C. (CAW) Court Unnao shall appear and file the compromise before the concerned Court within four week's from today. (ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record. (iii) The concerned Court shall conclude the process of verification of compromise within four week's from the date of production of copy of this order. (iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed. (v) It shall be open to the applicants of both the applications/petitions to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise to the Counsel for the applicants in both the applications/petitions, after retaining its photocopy on record. It is for the purposes for its verification by the concerned court. (vii) For a period of eight weeks, no coercive action shall be taken against the applicants in both the applications/petitions in the aforesaid case. Order Date :- 12.2.2025 ML/- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench