Sarafuddin and 2 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11438 of 2023 Applicant :- Sarafuddin And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Farooq Ayoob Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Pooja Tiwari, Advocate, has 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. The present petition has been filed with the following prayer:- "WHEREFORE, it is most respectfully prayed that this Hon'ble court may graciously be pleased to quashed the summoning order dated 02.01.2020 passed by the Chief Judicial Magistrate Barabanki Court no. 25 in Case No. 103/2020, by means of which the petitioner no. 1 has been summoned to face the trail crime no.-295/2019, U/S-498-A, 323, 504, 506 I.P.C. & 34 D.P. Act & ¼ Muslim Woman Act, and petitioner no. 2 & 3 have been summoned U/S-498-A, 323, 504, 506 I.P.C. & 3/4 D.P. Act P.S.-Dewa, District-Barabanki and as well as charge sheet no. 359/2019 and dated

22.10.2019, contained as Annexure No. 2 & 3 this petition." 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. 5 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. Criminal Case No. 103 of 2020, 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) 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