Imran Husain and Another v. State of U.P. Thru. Prin. Secy. Home, U.P. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 10550 of 2023 Applicant :- Imran Husain And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, U.P. And Another Counsel for Applicant :- Desh Deepak Singh,Pradeep Pandey,Suraj Sharma Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶2The instant application has been filed for quashing the proceeding of Criminal Case No.28/2023, arising out of Case Crime No.184/2022 under Section 354, 323, 504 I.P.C., Police Station Saadatganj, District Lucknow, pending before the Court of learned Additional Chief Judicial Magistrate-III, Lucknow.

¶3Learned counsel for the applicant submit that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.4 to the application.

¶4Whether 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.

¶5Accordingly, 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.

¶6The 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.

¶7For a period of one month, no coercive action shall be taken against the applicant in the aforesaid case.

¶8OfÏce is directed to return the original compromise deed to the learned counsel for the applicant, after taking the photocopy of the same. Order Date :- 8.11.2023 Gaurav/- High Court of Judicature at Allahabad, Lucknow Bench