Mohd. Nasir and 6 Others v. State of U.P. and 4 Others

Court No. - 5 Case :- APPLICATION U/S 482 No. - 40190 of 2023 Applicant :- Mohd. Nasir And 6 Others Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Mir Sayed Counsel for Opposite Party :- G.A.,Saqib Ahmad Hon'ble Piyush Agrawal,J. Heard learned counsel for the applicants, learned counsel for the O.P. No. 2, learned A.G.A. for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned cognizance order dated

11.07.2023 and charge-sheet No.098 of 2023 dated 03.06.2023 in Criminal Case No.113844 of 2023 (State of U.P. Vs. Mohd Nasir and others), arising out of Case Crime No.93 of 2023, under Sections 147, 323, 504, 506, 325 IPC, Police Station-Railbazar, District-Kanpur Nagar with a further prayer to stay the further proceedings in aforesaid charge-sheet in aforesaid case. Learned counsel for the applicants submits that the parties have reconciled their differences and a compromise has been entered between them, copy of compromise deed dated 16.09.2023 has been annexed as Annexure-5 to this application wherein it has been mentioned that opposite party no.2 does not want to press the case. Therefore, no useful purpose would be served in continuing the proceedings before the Court below and the same is not only sheer wastage of time of the Court but also abuse of process of law. Learned counsel for the opposite party no. 2 does not dispute the submissions advanced by the learned counsel for the applicants or the correctness of the documents relied upon by him. Learned A.G.A., however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law. In view of above, without expressing any opinion on the merit of the case, both the parties are directed to appear before the Court below along with compromise deed as well certified copy of this order within two weeks from today. It is expected that Court below may fix a date for the verification of the compromise and after ensuring the presence of the parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the Court concerned shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not? The Court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case. With the aforesaid directions, this application is finally disposed of. Order Date :- 1.11.2023 Pravesh Mishra High Court of Judicature at Allahabad