Mr. Prateek Boob Thru. Hemant Sharma v. State of U.P. Thru. Public Prosecultor and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 11200 of 2023 Applicant :- Mr. Prateek Boob Thru. Hemant Sharma Opposite Party :- State Of U.P. Thru. Public Prosecultor And Another Counsel for Applicant :- Pradeep Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. At the very outset, learned counsel appearing for the applicant submits that he may be permitted to correct the description of the opposite party no. 1 in the memo of instant application during the course of the day. Learned A.G.A. appearing for the State has no objection to the contention aforesaid. In view of aforesaid submission, learned counsel for the applicant is permitted to correct the same during the course of the day. Sri Vishram Tripathi,Advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2 and the same is taken on record. Heard Sri Pradeep Kumar Singh, learned counsel for the applicant,Sri Vishram Tripathi, learned counsel for the opposite party no. 2, Sri Girijesh Kumr Dwivedi, learned A.G.A. for the State and perused the record. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the order dated 24-03-2022 passed by the learned Special Chief Judicial Magistrate (Customs), Lucknow in WS Case No. 21978 of 2022,taking cognizance of the final report under section 173 of the Cr.P.C. filed by the Ghazipuir Police in respect of FIR No. 377 of 2021 and to quash the final report filed in the aforesaid FIR. 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 due to 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 15-07-2023, which has been annexed as annexure no. 5 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. On the other hand, learned counsel appearing for the opposite party no. 2 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 applicants to approach this Court again for quashing of the proceedings. For a period of two months, the proceedings initiated in pursuance of order dated 24-03-2022 passed by the learned Special Chief Judicial Magistrate (Customs), Lucknow in WS Case No. 21978 of 2022,taking cognizance of the final report under section 173 of the Cr.P.C. filed by the Ghazipuir Police in respect of FIR No. 377 of 2021 and to quash the final report filed in the aforesaid FIR, shall remain stayed so far as present applicant is concerned. The trial court is further directed for ensuring the fact that all the parties against whom the chargesheet was filed are present before the trial court and a report with respect to this effect shall also be sent alongwith verification order. OfÏce is directed to return the copy of original compromise deed to learned counsel for the applicant forthwith. Order Date :- 9.11.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench