Rasheed @ Sanu and 3 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10061 of 2023 Applicant :- Rasheed @ Sanu And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Santosh Kumar Kanaujia Counsel for Opposite Party :- G.A.,Tufail Ahmad Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, Sri Tufail Ahmad, learned counsel for opposite party no.2, Sri B.N. Nishad, learned A.G.A. for the State and perused the record. The instant application under Section 482 Cr.P.C. has been filed for quashing summoning order dated 17.3.2016 passed by Judicial Magistrate II, Lucknow and charge sheet no.86 of 2015 dated 11.9.2015 arising out of Case Crime No.97 of 2015 under Section 498-A, 323, 504, 506 of I.P.C. & 3/4 of Dowry Prohibition Act, registered at Police Station Cant, District Lucknow on the basis of compromise pending in the court of Judicial Magistrate-II, 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 that under 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

15.9.2023, which has been annexed as annexure no.4 to the instant application. He further submitted that one of the accused person, namely, Mohd. Sohail died on 1.11.2015 and rest of the co-accused are party in the compromise. 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. On the other hand, learned counsel appearing for the opposite parties has supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably through a compromise deed and there is no further grievance of the opposite parties against the present applicants and the criminal proceedings against the applicants may be dropped. 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 one month, the proceedings initiated in pursuance of the Case Crime No.97 of 2015 under Section 498-A, 323, 504, 506 of I.P.C. & 3/4 of Dowry Prohibition Act, registered at Police Station Cant, District Lucknow, shall remain stayed so far as applicants are concerned. The office is directed to return the original compromise deed to the learned counsel for the applicants, if any, after taking the photocopy of the same. Order Date :- 18.10.2023 Ram Murti High Court of Judicature at Allahabad, Lucknow Bench