Jameela Khatoon and 4 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 9348 of 2022 Applicant :- Jameela Khatoon And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mohammad Ahmad,Rohit Kumar Singh,Shailendra Kumar Tiwari Counsel for Opposite Party :- G.A.,Farooq Ayoob Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record.

¶2The instant application has been filed for quashing the impugned summoning order dated 30.03.2022 passed by learned Chief Judicial Magistrate, Ayodhya in Case No.1820 of 2022, Crime No.0110 of 2021 U/s 498-A, 352, 323, 506 I.P.C., Police Station-Kotwali Rudauli, District-Ayodhya as well as charge-sheet dated 03.08.2021 and entire proceedings of Case No.1820 of 2022.

¶3Learned counsel for the applicants submits that both the parties have amicably compromised their dispute. The compromise dated 03.10.2023 which has taken place between the parties is also filed before this Court as Annexure No.A-1 of supplementary affidavit/application to the present application/petition.

¶4Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned as such compromise has to be duly verified in presence of the parties concerned before the Court.

¶5Accordingly, this application is disposed of with a direction to the trial 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.

¶6The court concerned 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.

¶7For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case.

¶8Office is directed to return the original compromise deed to the learned counsel for the applicants, after taking the photocopy of the same. Order Date :- 27.10.2023 Arpan High Court of Judicature at Allahabad, Lucknow Bench