Smt. Bimla v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 11289 of 2023 Applicant :- Smt. Bimla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ashid Ali,Mohammad Kashif Counsel for Opposite Party :- G.A.,Manoj Kumar Dixit Hon'ble Shree Prakash Singh,J.

¶1Abdul Haleem and Sri Manoj Kumar Dixit, advocates, have put in appearance by way of filing vakalatnama on behalf of opposite party no. 2 and the same is taken on record.

¶2Heard Ashid Ali, learned counsel for the applicant, Abdul Haleem and Sri Manoj Kumar Dixit, learned counsel for opposite party no. 2 , Sri Nirmal Kumar Pandey, learned A.G.A. for the State and perused the record.

¶3The instant application under Section 482 Cr.P.C. has been filed with a prayer to to quash the entire proceedings of Case No. 92040/2019 arising out of Case Crime No. 466/2018, under section 406 I.P.C. Police Station-Bakshi Ka Talab, Lucknow (State versus Vimla) pending before learned Additional Chief Judicial Magistrate-Vth, Court No.29, Lucknow and also to quash the summoning order dated 10.12.2019 passed by learned Additional Chief Judicial Magistrate (V), Court No.29, Lucknow.

¶4Learned 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

20.10.2023, 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 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.

¶5On 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.

¶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.

¶8Accordingly, 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.

¶9The 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.

¶10For a period of two months, the proceedings initiated in pursuance of Case No. 92040/2019 arising out of Case Crime No. 466/2018, under section 406 I.P.C. Police Station-Bakshi Ka Talab, Lucknow, shall remain stayed so far as applicant is concerned.

¶11The 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.

¶12Office 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 :- 9.11.2023 Mayank High Court of Judicature at Allahabad, Lucknow Bench