Arshad Khan @ Arshad Ahmad Khan v. State of U.P. Thru. Prin. Secy. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11309 of 2023 Applicant :- Arshad Khan @ Arshad Ahmad Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. And Another Counsel for Applicant :- Hemant Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Vakalatnama filed by Ms. Mamta Chaudhary, Advocate on behalf of the private respondent is taken on record.

¶2Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶3The instant application has been filed for quashing the entire proceeding of Criminal Misc. Case No.75539/2021 under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, pending in the court of Civil Judge (J.D.)/F.T.C. Crime against women, Lucknow.

¶4Learned 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.8 to the application.

¶5Whether 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.

¶6Accordingly, 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.

¶7The 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.

¶8For a period of one month, no coercive action shall be taken against the applicant in the aforesaid case.

¶9OfÏce is directed to return the original compromise deed to the learned counsel for the applicant, after taking the photocopy of the same. Order Date :- 17.11.2023 Gaurav/- High Court of Judicature at Allahabad, Lucknow Bench