Darakhsha Khatoon v. State of U.P. Thru. Prin. Secy. Deptt. of Home Civil Sectt. Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 1172 of 2023 Applicant :- Darakhsha Khatoon Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Sectt. Lko. And Another Counsel for Applicant :- Sachin Srivastava Counsel for Opposite Party :- G.A.,Faisal Ahmad Khan Hon'ble Rajeev Singh,J.

¶1Supplementary affidavit filed by learned counsel for opposite party no. 2 is taken on record.

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

¶3The instant application has been filed for quashing the entire criminal proceeding of complaint case initiated against the applicant in pursuance of the impugned summoning order dated

01.12.2022 passed by learned Judicial Magistrate, Utraula, Balrampur in Complaint Case No. 1381/2022 (Mohd. Usman Versus Darakhsha Khatoon) under section 406 I.P.C., Police Station-Utraula, District-Balrampur.

¶4Learned counsel for the applicant 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.S.A.1 of aforesaid supplementary affidavit 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 applicant to approach this Court again for quashing of the proceedings.

¶8For a period of one month, no coercive action shall be taken against the applicant in the aforesaid case.

¶9Office is directed to return the original compromise deed to the learned counsel for the applicant, after taking the photocopy of the same. Order Date :- 13.12.2023 Arpan High Court of Judicature at Allahabad, Lucknow Bench