Mohd. Tayyab Iqbal v. State of U.P. Thru. Prin.Secy.Deptt. of Home and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10832 of 2023 Applicant :- Mohd. Tayyab Iqbal Opposite Party :- State Of U.P. Thru. Prin.Secy.Deptt. Of Home And Another Counsel for Applicant :- Ajay Kumar Shukla,Kunwar Shankar Pratap Singh,Ram Sajiwan Yadav Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Sri Dharmendra Kumar Gupta, learned counsel has appeared for the opposite party no.2 by way of filing vakalatnama which is taken on record. Heard learned counsel for the applicant, Sri Aniruddh Kumar Singh, learned A.G.A. for the State, Sri Dharmendra Kumar Gupta, learned counsel for the opposite party no. 2 and the material placed on record. Instant application has been filed with the prayer to set aside/quash the charge sheet dated 24.2.2016 in Case Crime No.377 of 2015 under Sections 498-A, 323, 504, 506 and 3/4 D.P. Act, Police Station Thakurganj, District Lucknow pending in the court of Special ACJM CBI (AP) Lucknow, State Vs. Mohd. Tayyab on the basis of the compromise dated 12.10.2013 otherwise, the applicant will suffer irreparable loss and injury which cannot be made good in or any event. Learned counsel appearing for the applicant submits that the applicant is innocent and has 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

12.10.2013, 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 applicants and thus, the criminal proceedings against the applicant may be quashed. On 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. Learned A.G.A. appearing for the State has no objection to the contentions aforesaid. Now 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. Accordingly, 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. 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 applicant to approach this Court again for quashing of the proceedings. For a period of one month, the proceedings in Case Crime No.377 of 2015 under Sections 498-A, 323, 504, 506 and 3/4 D.P. Act, Police Station Thakurganj, District Lucknow, shall remain stayed so far as applicant is concerned. Order Date :- 8.11.2023 Ram Murti High Court of Judicature at Allahabad, Lucknow Bench