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Ritesh Kumar v. State Of U.p. Thru. Its Home Secy. Lucknow And Another

Ritesh Kumar v. State Of U.p. Thru. Its Home Secy. Lucknow And Another

(High Court Of Judicature At Allahabad, Lucknow Bench)

APPLICATION U/S 482 No. - 12289 of 2023 | 12-01-2024

Arun Kumar Singh Deshwal, J.

1. Vakalatnama filed today by Ms Indu Sharma, Advocate on behalf of opposite party no.2 is taken on record.

2. Heard learned counsel for the applicant, learned counsel for opposite party no.2 and learned AGA for the State.

3. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No.1321 of 2023, State Vs. Ritesh Kumar, arising out of Case Crime No.257 of 2023, under Sections-406, 420, 504, 506 IPC, Police Station-Bheera, District-Lakhimpur Kheri, pending in the court of learned Civil Judge (J.D.) F.T.C., Lakhimpur Kheri and also quash the impugned charge sheet dated 30.06.2023 as well as cognizance and summoning order dated 23.08.2023.

4. Contention of learned counsel for the applicant is that both the parties have settled their dispute amicably which was also reduced into written compromise. Copy of the same has been annexed at page no.64 of the affidavit.

5. Considering the aforesaid submissions, it would be appropriate that the compromise as mentioned above should be verified by the court below and only after verification of the same direction for quashing the impugned proceeding can be made. Therefore, applicant is directed to file original deed of compromise before the learned Civil Judge, Junior Division, FTC, Lakhimpur Kheri, within a period of 15 days, then the same shall be verified by the court below after summoning the parties and on verification of the aforesaid compromise, court below will permit the parties to obtain certified copy of the verified compromise.

6. It is further provided that on verification of the aforesaid compromise, applicant is at liberty to file a fresh 482 application for quashing the impugned proceeding on the basis of the verified compromise.

7. It is further directed that the court below will complete the proceeding of verification of compromise within a period of two months and for a period of two months, no coercive action shall be taken against the applicant in Criminal Case No.1321 of 2023, State Vs. Ritesh Kumar, arising out of Case Crime No.257 of 2023, under Sections-406, 420, 504, 506 IPC, Police Station-Bheera, District-Lakhimpur Kheri, pending in the court of learned Civil Judge (J.D.) F.T.C., Lakhimpur Kheri.

8. With the aforesaid directions, the present application is disposed of.

9. Office is directed to return the original copy of the compromise deed annexed at page no.64 to the learned counsel for the applicant, after retaining the photocopy of the same.

Advocate List

  • Akhilesh Kumar

  • G.A.

Bench
  • HON'BLE MR. JUSTICE ARUN KUMAR SINGH DESHWAL
Eq Citations
  • 2024/AHC-LKO/3597
  • LQ/AllHC/2024/318
Head Note

- Application under Section 482 of the Code of Criminal Procedure (Cr.P.C.). - Applicant: Ritesh Kumar - Opposite Party: State of Uttar Pradesh - Vakalatnama filed on behalf of Opposite Party No. 2: Ms. Indu Sharma, Advocate. Facts: - The applicant, Ritesh Kumar, seeks to quash the proceedings of Criminal Case No. 1321 of 2023, under Sections 406, 420, 504, and 506 of the Indian Penal Code (IPC), pending in the court of the learned Civil Judge (J.D.) F.T.C., Lakhimpur Kheri. - The applicant claims that both parties have amicably settled their dispute, which was reduced to a written compromise. A copy of the compromise is attached at page 64 of the affidavit. Contentions: - Learned counsel for the applicant argues that the compromise should be verified by the court below, and based on its verification, an application for quashing the impugned proceedings can be filed. Directions: - The applicant is directed to file the original deed of compromise before the learned Civil Judge, Junior Division, FTC, Lakhimpur Kheri, within 15 days. - The court below will verify the compromise after summoning the parties. If the compromise is verified, the court will allow the parties to obtain a certified copy of the verified compromise. - The applicant is permitted to file a fresh application for quashing the impugned proceeding based on the verified compromise. - The court below shall complete the verification proceedings within two months. - During this two-month period, no coercive action shall be taken against the applicant in the criminal case. - The original copy of the compromise deed will be returned to the applicant's counsel after retaining a photocopy. Conclusion: The High Court disposed of the application and directed the applicant to file a fresh application for quashing the proceedings based on the verified compromise after the verification process is completed by the court below.