Point of Law: Quash of Criminal Proceedings - Amicably settlement - Since the parties had settled their disputes and the complainant agreed that the criminal proceedings need not be continued, the criminal proceedings could be quashed.

JUDGMENT :

Vikas Kunvar Srivastav, J.

1. The case is called out.

2. Learned counsel for the applicants, Sri Devendra Pratap, Advocate and learned A.G.A. for the State, Sri S.P. Tiwari, Advocate are present in the Court.

3. The present application is moved on behalf of the applicants to quash the criminal proceeding in Session Trial No.26/2018, arising out of Case Crime No.858/2015, under Sections 323, 504, 308, 325 I.P.C., Police Station-Kotwali City, District-Hardoi pending before Additional Sessions Judge, Court No.11, Hardoi on the basis of compromise.

4. Sri Shashank Singh, Advocate holding brief of Ms. Anita Singh Nagore, Advocate, put his appearance on behalf of the opposite parties no.2 to 4 through their Vakalatnama, the same is taken on record. Office is directed to get registered the same and duly place on record.

5. Learned counsels for the accused-applicants drew the attention of the court towards their earlier application under Section 482 Cr.P.C. in Crl. Misc. Case No.666/2021, wherein they expressed their willingness to amicably settle their family dispute, by reason of which criminal proceedings in Session Trial No.26/2018 (State Vs. Rahman and Ors.), Case Crime No.858/2015 under Sections 323, 504, 308, 325 I.P.C., Police Station- Kotwali City, District- Hardoi.

6. In view of the willingness of complainants also to amicably settle their dispute, this Court vide its order dated 18.2.2021 in the aforesaid application (Annexure No.1) issued following direction:-

"In view of above, it is directed that the applicants will produce the compromise deed before trial court within two weeks who will fix a date for appearing of both the parties before court concerned and verify the compromise in presence of all the parties to the litigation in accordance with law.

The applicants may take the certified copy of the order of verification of compromise to the court concerned and may approach to this Court for their further remedy.

With the aforesaid direction, the application is disposed of.

Office is directed to provide original compromise deed to the counsel for the applicants in accordance with rules."

7. It is alleged in the instant application under Section 482 Cr.P.C. that the rival parties to aforesaid Sessions Trial No.26/2018 have entered into compromise to settle their all disputes. However, the materials placed on record is lacking the FIR of the incident which may help to gather the nature of the incident, with regard to which FIR was filed by the complainant. However, in para-3 of the application, it is averred by the accused-applicants that, both the parties are family members and with the permission of Hon’ble High Court, compromise was verified by learned court below.

8. From perusal of the direction dated 18.2.2021 passed by this court in Crl. Misc. Case No.666/2021 under Section 482 Cr.P.C. (Ali Mohammad & Ors. Vs. State of U.P. & Ors.) and the prayer made in the instant application, it can be appreciated with all certainty that the matter alleged to have been settled amicably between the rival parties to the criminal proceeding of Sessions Trial No.26/2018, instituted upon Case Crime No.858/2015 (State Vs. Rahman & Ors.) under Sections 323, 504, 308 and 325 I.P.C., Police Station-Kotwali City, District-Hardoi. Further, pursuant to the direction dated 18.2.2021, when the rival parties to the aforesaid criminal proceeding in Sessions Trial No.26/2018, personally appeared before the trial court alongwith their compromise agreement for verification, a report was made by the trial court on 2.3.2021 (Annexure No.2). The report reveals that the compromise was taken on record in view of the direction dated 18.2.2021 passed by this Court in Crl. Misc. Case No.666/2021. The signatories of the compromise agreement were personally present before the trial court for presentation of their compromise agreement. Learned counsels for the respective rival parties to the criminal proceeding in the Sessions Trial No.26/2018, identified th