Arif Mirza and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 12031 of 2023 Applicant :- Arif Mirza And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mohd Fahim Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.

¶2The instant application has been filed for quashing the proceedings initiated on the charge sheet registered as Case No. 219/2019, Case Crime No. 216/2017 U/s 452/323/504/506 I.P.C., Police Station-Talkatora, District-Lucknow (State Versus Arif Mirza and another) pending before the court of learned Additional Chief Judicial Magistrate VI, Court no. 30, Lucknow as well as the cognizance order dated 13.05.2019 passed by learned Additional Chief Judicial Magistrate VII, Court No. 31, Lucknow.

¶3Learned counsel for the applicants submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.3 to the application.

¶4Whether 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.

¶5Accordingly, 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.

¶6The 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.

¶7For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case.

¶8Office is directed to return the original compromise deed to the learned counsel for the applicants, after taking the photocopy of the same. Order Date :- 12.12.2023 Arpan High Court of Judicature at Allahabad, Lucknow Bench