Mohd. Saif Ansari and 2 Others v. State of U.P. Thru. Prin. Secy. Home, U.P. Lucknow and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10085 of 2023 Applicant :- Mohd. Saif Ansari And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, U.P. Lucknow And Another Counsel for Applicant :- Ajay Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard Sri Ajay Kumar Pandey,learned counsel for the applicants, Sri Anirudh Kumar Singh, learned A.G.A.-I for the State and perused the record. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned summoning order dated 08-12-2022 alongwith its impugned consequential order dated 11-07-2023, passed by the learned A.C.J.M.-Vth, Court No. 29, Lucknow and the entire proceedings of Complaint Case No. 5060/2022, under sections 323 and 498-A of I.P.C., relating to Police Station-Chowk, District-Lucknow. Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the instant case. He next added the instant matter pertains to a matrimonial dispute and due to some misunderstanding, the instant F.I.R. has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 09-10-2023, which has been annexed as annexure no. 4 to the instant application. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicants are the futile exercise as there is no fate of trial and that is amount to harassment of the applicants and thus, the criminal proceedings against the applicants may be quashed. Learned A.G.A. appearing for the State has no objection to the contentions aforesaid. Now whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below as such compromise has to be duly verified in presence of the parties concerned before the Court. Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. 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. For a period of two months, the proceedings initiated in pursuance of impugned summoning order dated 08-12-2022 alongwith its impugned consequential order dated 11-07-2023, passed by the learned A.C.J.M.-Vth, Court No. 29, Lucknow and the entire proceedings of Complaint Case No. 5060/2022, under sections 323 and 498-A of I.P.C., relating to Police Station-Chowk, District-Lucknow, shall remain stayed so far as present applicants are concerned. The trial court is further directed for ensuring the fact that all the parties against whom the chargesheet was filed are present before the trial court and a report with respect to this effect shall also be sent alongwith verification order. Order Date :- 16.10.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench