Allahabad High Court
MOHD. RIZWAN AND 6 OTHERSversusState of U.P. AND ANOTHER
- Decided
- Bench
- PADAM NARAIN MISHRA
Holding
The Court held that the matter should be listed for verification of the written compromise within two months and stayed any coercive action pending such verification.
Summary
The applicants filed a Section 482 Cr.P.C. application seeking to quash the criminal proceedings (Cr.Case No. 5035/9 of 2019) arising from a 2018 case involving offences under Sections 498-A, 323, 376, 504, 506 IPC and Sections 3/4 of the D.P. Act. The counsel for the applicants submitted that a written compromise had been reached between the parties after the charge sheet was filed. The High Court directed that the parties appear before the trial court with a certified copy of the compromise for verification, and that the trial court fix a date for verification within two months. The Court ordered that no coercive measures be taken against the applicants pending verification and listed the matter for further hearing after two months. The order essentially stayed the proceedings pending verification of the compromise.
Issues considered
- Whether a criminal proceeding can be quashed under Section 482 Cr.P.C. on the basis of a compromise between the parties after the charge sheet has been filed.
- Whether the trial court should verify the written compromise before passing any order on the application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Dacoity Prevention Act — s. 3, 4
- Indian Penal Code — s. 323, 376, 498-A, 504, 506
Subjects
- Section 482 CrPC
- quash of criminal proceedings
- compromise
- verification of compromise
- stay of proceedings
- criminal law
Judgment
Court No. - 86
Case :- APPLICATION U/S 482 No. - 5234 of 2022
Applicant :- Mohd. Rizwan And 6 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ashutosh Upadhyay,Radhey Shyam
Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Supplementary affidavit filed by learned counsel for the
applicants is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for
the State.
The present 482 Cr.P.C. application has been filed praying for
quashing of entire criminal proceedings of Criminal Case No.
5035/9 of 2019 (State Vs. Mohd. Rizwan and Ors.), arising out
of Case Crime No. 272 of 2018, under Sections 498-A, 323,
376, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station
Pakbada, District Moradabad, pending in the Court of learned
Chief Judicial Magistrate, Moradabad.
Learned counsel for the applicant submits that since the charge
sheet has been issued, the parties have reconciled their
differences and a compromise has been entered between them
which has been reduced in writing.
Accordingly, it is provided that the parties shall appear before
the court below along with a certified copy of this order on the
next date fixed and be permitted to file an application for
verification of the original compromise document. It is
expected that the trial court may fix a date for the verification of
the compromise entered into between the parties and pass an
appropriate order with respect to the verification within a period
of two months from today. Upon due verification, the court
below may pass appropriate order in that regard and send a
report to this Court.
List after two months.
Till then no coercive measure shall be taken against the
applicant in the aforesaid case.
Order Date :- 31.5.2022
Abhishek Singh
Digitally signed by ABHISHEK
SINGH
Date: 2022.06.01 14:57:43 IST
Reason:
Location: High Court of Judicature at
Allahabad
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