Shyam Alias Shyam Lal v. State of U.P. Thru. Secy. Home, Civil Secrtt.. Lko. and Others

Court No. - 12 Case :- APPLICATION U/S 482 No. - 10522 of 2023 Applicant :- Shyam Alias Shyam Lal Opposite Party :- State Of U.P. Thru. Secy. Home, Civil Secrtt.. Lko. And Others Counsel for Applicant :- Mohammad Irfan Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Vakalatnama filed by Mohammad Azmal, Advocate on behalf of opposite party no.2 is taken on record.

¶2Heard learned counsel for the applicant, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record.

¶3The instant application has been filed for quashing the charge-sheet dated 08.02.2008 filed in Case Crime No.310 of 2007, under Sections 363, 366, 376 I.P.C. and 3 (1) XII of SC/ST Act, Police Station Banthra, District Lucknow as well as summoning order dated 19.03.2008 passed by Special Judge SC/ST Act, District-Lucknow in S.T. No.595 of 2008.

¶4Learned counsel for the applicant submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.8 to the application.

¶5Whether 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.

¶6Accordingly, 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.

¶7The 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 applicant to approach this Court again for quashing of the proceedings.

¶8For a period of one month, no coercive action shall be taken against the applicant in the aforesaid case.

¶9Office is directed to return the original compromise deed to the learned counsel for the applicant, after taking the photocopy of the same. Order Date :- 28.10.2023 V. Sinha High Court of Judicature at Allahabad, Lucknow Bench