Faiz Abbas and 6 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11437 of 2023 Applicant :- Faiz Abbas And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Another Counsel for Applicant :- Shahid Raza Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 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 for quashing of cognizance order dated

17.09.2020 including charge sheet along with entire criminal proceedings of Case No. 408 of 2020, (State v. Faiz Abbas and others) pending in the Court of Additional Chief Judicial Magistrate-3, Lucknow, arising out of Case Crime No. 395 of 2019, under Sections 498A, 323, 506 IPC and 3/4 D.P. Act, P.S.-Saadatganj, 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 original compromise deed, duly signed by the parties, is annexed as Annexure No. 4 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. 408 of 2020, (State v. Faiz Abbas and others) shall appear and file the compromise 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) Office is directed to provide original compromise to the Counsel for the applicants, after retaining its photocopy on record. It is for the purposes for its verification by the concerned court.

(vii) For a period of six weeks, no coercive action shall be taken against the applicants in the aforesaid case. Order Date :- 22.11.2023 Raj High Court of Judicature at Allahabad, Lucknow Bench