Syed Najmul Hasan @ Fami and 3 Others v. State of U.P. Thru. Prin. Secy. Home, Lucknow and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11833 of 2023 Applicant :- Syed Najmul Hasan @ Fami And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow And Another Counsel for Applicant :- Satendra Nath Rai Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Sri Syed Muzammil Hasan, Advocate filed Vakalatnama on behalf of opposite party no.2, the same is taken on record.

¶2Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record.

¶3The instant application has been filed with the following prayer:- "To quash the entire proceedings of Case No.4449 of 2018, State Vs Najmul Hasan alias Fami and others, arising out in Case Crime No-24/2017, Under Section-498A, 323, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District-Bahraich, pending in the court of Court of F.T.C. Crime against women Bahraich, on the basis of compromise dated 25.10.2023 between the parties."

¶4Learned counsel for the applicants submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties and a copy of the compromise deed is also filed before this Court as Annexure No.4 to the application.

¶5Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned 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 trial 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 concerned 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 applicants in the aforesaid case.

¶9Office is directed to return the original compromise deed to the learned counsel for the applicants, after taking the photocopy of the same. Order Date :- 6.12.2023 Vipul High Court of Judicature at Allahabad, Lucknow Bench