Naiyer Raza (In Fir Syed Naiyer Raza @ Danish) and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11658 of 2023 Applicant :- Naiyer Raza (In Fir Syed Naiyer Raza @ Danish) And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Raj Nath Singh,Prateek Tewari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Vakalatnama filed by Syed Fazal Abbas Rizvi, Advocate on behalf of opposite party No.2 filed today is taken on record. Heard learned counsel for the applicants, learned AGA for the State of U.P. and perused the record. Instant application under Section 482 Cr.P.C. has been preferred for the following main relief:- "Quash the impugned charge-sheet no. 01/2018 dated: 17.02.2018 under sections 498A/323/504/506 IPC and 3/4 D. P. Act arising out of First Information Report No. 645/2017 dated 30.06.2017, as contained in ANNEXURE NO. 1 to the application and its summoning order dated

28.02.2019 passed by the Court of Learned Additional Chief Judicial Magistrate (CBI/AP), Lucknow as contained in ANNEXURE NO. 2 to the application, along with the entire proceedings of Case No. 18735/2019 arising out of First Information Report No. 645/2017, pending before the Learned Additional Chief Judicial Magistrate (CBI/AP), 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. 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, in issue, 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 :- 29.11.2023 Vinay/- High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench