Smt. Usha Agarwal and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 9998 of 2023 Applicant :- Smt. Usha Agarwal And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mohd. Salman,Mukhtar Ahamad Counsel for Opposite Party :- G.A.,Arshad Jameel Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for the applicants, learned A.G.A. for the State, learned counsel appearing for respondent no. 2 and perused the record.

¶3The present application has been filed with the prayer to quash the charge sheet dated 20.07.2020, as well as entire proceedings of Criminal Case No. 39650 of 2020 arising out of Case Crime No. 01 of 2020, under Sections 323, 452, 506 I.P.C., P.S. Hasanganj, District Lucknow.

¶4In pursuance of the earlier order dated 16.10.2023, applicant no. 4 as well as respondent no. 2 are present before this Court and have been duly identified by their respective counsel.

¶5Learned counsel for the parties submit that the parties have amicably settled their dispute and a compromise has been arrived between them dated 05.10.2023 (Original copy of the same is appended as Annexure No. 5 to the application).

¶6Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the court below itself.

¶7Accordingly, the application is disposed of with direction to the court concerned that if any such compromise is filed before it, it shall issue notice to all its signatories 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.

¶8For a period of two weeks, no coercive action shall be taken against the present applicants. Order Date :- 19.10.2023 VKS High Court of Judicature at Allahabad, Lucknow Bench