Mohd. Faisal v. State of U.P Thru. Prin. Secy. Home Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10562 of 2023 Applicant :- Mohd. Faisal Opposite Party :- State Of U.P Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Manish Kumar Mishra,D.P. Dutt Tiwari,Vineet Gupta Counsel for Opposite Party :- G.A.,Rakesh Pandey,Sanjay Singh Hon'ble Shree Prakash Singh,J.

¶1Heard Sri D.P. Dutt Tiwari, learned counsel for the applicant, Sri Rakesh Pandey, learned counsel for opposite party no. 2 , Sri Nirmal Kumar Pandey, learned A.G.A. for the State and perused the record.

¶2The instant application under Section 482 Cr.P.C. has been filed to quash/set aside impugned Charge Sheet No.1 of 2023 dated 10.06.2023 arising out Case Crime No.086 of 2023, Under Section-323, 316, 504 & 506 of I.P.C., Police Station-Chowk, District-Lucknow, which has been filed before the Learned Additional Chief Judicial Magistrate-V Lucknow, and entire criminal proceeding of Criminal Case No.65450 of 2023 registered against petitioner on the basis aforesaid charge sheet, pending before Learned Additional Chief Judicial Magistrate-V Lucknow, on the basis of compromise between Petitioner and Opposite Party No.2.

¶3Learned counsel appearing for the applicant submits that the applicant is 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 compromised their dispute. The compromise deed has been reduced in writing on

16.10.2023, which has been annexed as annexure no. 4 to the instant application. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicant are the futile exercise as there is no fate of trial and that is amount to harassment of the applicant and thus, the criminal proceedings against the applicant may be quashed.

¶4On the other hand, learned counsel appearing for the opposite parties has 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 and the criminal proceedings against the applicant may be dropped.

¶5Learned A.G.A. appearing for the State has no objection to the contentions aforesaid.

¶6Now 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.

¶7Accordingly, 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.

¶8The 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 applicant to approach this Court again for quashing of the proceedings.

¶9For a period of two months, the proceedings Criminal Case No. 65450 of 2023 arising out Case Crime No.086 of 2023, Under Section-323, 316, 504 & 506 of I.P.C., Police Station-Chowk, District-Lucknow, shall remain stayed so far as applicant is concerned.

¶10The trial Court is directed to examine the fact that whether all the parties against whom the chargesheet was filed, the party in the compromise and in this respect, it shall also sent a report along with the verification order.

¶11Office is directed to return the original compromise deed to the learned counsel for the applicant, if any, after taking the photocopy of the same. Order Date :- 2.11.2023 Mayank High Court of Judicature at Allahabad, Lucknow Bench