Mahfooz and 2 Others v. State of U.P. Thru. Secy. Home Deptt. Govt. Civil Secrt. Lko. and Another

Court No. -11 Case :-APPLICATION U/S 482 No. -11314 of 2023 Applicant :-Mahfooz And 2 Others Opposite Party :-State Of U.P. Thru. Secy. Home Deptt. Govt. Civil Secrt. Lko. And Another Counsel for Applicant :-Sunil Kumar Counsel for Opposite Party :-G.A. Hon'ble Saurabh Lavania,J. Sri Amarjeet Singh, Advocate filed his Vakalatnama on behalf of opposite party No.2, which is taken on record. Heard learned counsel for the applicants, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C. has been preferred by the applicants/petitioners for quashing the entire criminal proceedings of Case No. 12438 of 2022, pending in the Court of Judicial Magistrate-II, Lucknow including the Charge Sheet No. 01/2022 dated 11.09.2022, arising out of Crime No.119 of 2022 under Section 498-A/377/323/504/506 IPC & Section 3/4 of Dowry Prohibition Act, Police Station-Aliganj, District-Lucknow. Learned counsel for the applicants submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No. 6 to the present application. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Trial Court as such compromise has to be duly verified in presence of the parties concerned before the Court. Considering the aforesaid, this application is disposed of finally in following terms:-

(i) The parties to the proceedings i.e. Case No. 12438 of 2022, shall appear before the concerned Court within two week's from today.

(ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record.

(iii) The concerned Court shall conclude the process of verification of compromise within two week's from the date of production of copy of this order.

(iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed.

(v) It shall be open to the applicants to approach this Court again for quashing of the proceedings.

(vi) For a period of six weeks, no coercive action shall be taken against the applicants in the aforesaid case. Order Date :- 17.11.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench