Sagar Sahni and 7 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. -12 Case :-APPLICATION U/S 482 No. -11691 of 2024 Applicant :-Sagar Sahni And 7 Others Opposite Party :-State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :-Ratnesh Trivedi Counsel for Opposite Party :-G.A. Hon'ble Saurabh Lavania,J. Sri Jagjeet Singh, Ms. Anju Srivastava, Sri Devendra Tripathi, Sri Anuj Yadav, learned Advocates have filed their Vakalatnama on behalf of opposite party no.2, which is taken on record. Heard learned counsel for the applicants, learned Counsel for the opposite party no.2, learned AGA for the State and perused the record. The instant application has been filed for the following main relief:-"I. Pass an order thereby quash the impugned charge sheet dated 07.07.2023, contained in Annexure No.-2, as well as entire proceeding of the Case No. 44627/2024, crime no. 44/2023, under Section 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station-Alambagh, District-Lucknow, pending in Court of learned J.M. III, District-Lucknow, State of U.P. Vs Sagar Sahni and others, on the basis of the compromise and amicable settlement of the dispute between the parties, contained in Annexure No.-4 & 5 to this application." Learned counsel for the applicants submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise. 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, the instant appeal is disposed of finally in following terms:-

(i) The parties to the proceedings i.e. Case No. 44627/2024 (supra), shall appear before the concerned Court within six weeks from today and file the compromise.

(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 two 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 to approach this Court again for quashing of the proceedings.

(vi) Office is directed to provide original compromise, if any, to the Counsel for the applicants, 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 the aforesaid case. Order Date :- 19.12.2024 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench