Mobin v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Court No. - 23 Case :- APPLICATION U/S 482 No. - 11695 of 2023 Applicant :- Mobin Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Jalaj Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Ajai Kumar Srivastava-I,J.

¶1Vakalatnamas filed by Sri Mehdi Khan, Advocate on behalf of opposite party nos.2 and 3 today are taken on record.

¶2Heard Sri Jalal Kumar Gupta, learned counsel for the applicant, learned A.G.A. for the State-respondent, Sri Mehdi Khan, learned counsel for opposite party nos.2 and 3 and perused the entire record.

¶3The instant application under Section 482 Cr.P.C. has been filed by the applicant for quashing the criminal proceeding of S. T. No.52 of 2014 "State vs. Mobin" pending before the learned Court of Additional Session Judge, 1st, Lakhimpur Kheri arising out of charge sheet no.100 of 2013 dated

16.12.2013, case crime no.259 of 2013, under Sections 363 and 366 I.P.C., Police Station Singahi, District Kheri as well as charge sheet no.100 of 2013 dated 16.12.2013 and summoning order dated 18.01.2014.

¶4Learned counsel for the applicant as well as learned counsel for opposite party nos.2 and 3 jointly submit that nothing as alleged has been committed by the applicant, however, the applicant and the opposite party nos.2 and 3 have entered into a compromise on 26.05.2023. They have settled their dispute amicably out of the Court and have decided not to contest the case against each other. Copy of the compromise deed dated 26.05.2023 is on record as Annexure No.9 to the instant application.

¶5Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below, as such, compromise has to be duly verified in presence of the concerned parties before the court below.

¶6Accordingly, this application is finally disposed of with a direction to the court concerned that if any such compromise is filed before it, notices be issued 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 concerned 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 applicant to approach this Court again for quashing of the proceedings.

¶8The Registry of the Court is directed to return the original compromise deed annexed with the instant application as Annexure No.9 to the learned counsel for the applicant after retaining a photocopy of the same on record.

¶9It is also provided that during the process of verification of compromise, process, if any, is found to be issued against the applicant, the impugned summoning order dated 18.01.2014 or any process issued pursuant thereto, shall not be given effect to qua the present applicant. Order Date :- 8.12.2023 Mahesh High Court of Judicature at Allahabad, Lucknow Bench