Mohd. Nihal @ Nihal Ahmad v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Court No. - 27 Case :- APPLICATION U/S 482 No. - 10536 of 2023 Applicant :- Mohd. Nihal @ Nihal Ahmad Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. And Another Counsel for Applicant :- Sharik Ahmad,Ajay Veer Singh,Piyush Pandey Counsel for Opposite Party :- G.A.,Abhinav Srivastava Hon'ble Brij Raj Singh,J.

¶1Vakalatnama filed by Sri Abhinav Srivastava, 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 under Section 482 Cr.P.C. has been filed with prayer to direct the Special Judge P.C.Act - I, Lucknow to quash the entire proceeding of S.T.No. 1267of 2017(State versus Mohd.Nihal @ Nihal Ahmad) arising out of Case Crime No.261 of 2017, under sections 363 & 366 I.P.C. Police Station-Hussainganj, District-Lucknow, on the basis of compromise held between the parties.

¶4Learned counsel appearing for the applicant submits that the applicant 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 applicant and thereafter, the parties have amicably settled their dispute. The compromise deed has been reduced in writing on 12.10.2023, which has been annexed as annexure no. 7 to the instant application. He next added that now there is no grievance in between the parties and the criminal proceedings against the applicant are the futile exercise as there is no fate of trial, thus, the criminal proceedings against the applicant may be quashed.

¶5Learned counsel appearing for the opposite parties has also supported the version of the learned counsel for the applicant 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 applicant, therefore, the criminal proceedings against the applicant may be dropped.

¶6Learned A.G.A. appearing for the State has no objection to the contentions aforesaid.

¶7Now 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.

¶8As such, the parties are directed to appear before the court below on 06.11.2023 to file the compromise for verification.

¶9Accordingly, 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 deed, requiring their personal presence and, thereafter, proceed to verify the compromise deed. If the aforesaid compromise deed is verified, a report to that effect shall be prepared by the court and the compromise deed will be made part of the record.

¶10The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise deed and it will be open to the applicants to approach this Court again for quashing of the proceedings.

¶11For a period of three months, the proceedings against the applicant, arising out of aforesaid case crime number, shall remain stayed.

¶12The trial Court is further directed to ensure whether all the parties, against whom the charge sheet was filed, are present before the trial court and a report to this effect shall also be sent along with the verification order within a period of two months.

¶13Office is directed to return the original compromise deed, if any, to the learned counsel for the applicant, after retaining the photocopy of the same on record. Order Date :- 30.10.2023 Manoj K. High Court of Judicature at Allahabad, Lucknow Bench