Mohd. Idrish Khan v. State of U.P. and Anr

Court No. - 12 Case :- APPLICATION U/S 482 No. - 3845 of 2021 Applicant :- Mohd. Idrish Khan Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Shailesh Kumar Srivastava Counsel for Opposite Party :- G.A.,Anil Kumar Tiwari Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel appearing for respondent no. 2 and perused the record.

¶2The present application has been filed with the prayer to quash the charge sheet dated 28.01.2021, as well as summoning order dated 17.02.2021 passed in Case Crime No. 486 of 2020, under Sections 406, 419, 420 I.P.C., P.S. Kotwali Nagar, District Sultanpur.

¶3Learned counsel for the applicant submits that the parties have amicably settled their dispute and a compromise has been arrived between them dated

10.07.2023 (Original copy of the same is appended as Annexure CA 1 to the counter afÏdavit filed by respondent no. 2).

¶4Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the court below itself.

¶5Accordingly, the application is disposed of with direction to the court concerned that if any such compromise is filed before it, it shall issue notice to all its signatories 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. The court 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 applicant to approach this Court again for quashing of the proceedings.

¶6For a period of two weeks, no coercive action shall be taken against the present applicant.

¶7Registry is directed to hand over the original copy of the compromise, after retaining photocopy of the same. Order Date :- 6.12.2023 VKS High Court of Judicature at Allahabad, Lucknow Bench