Mohammad Rehan @ Rehan and 8 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11592 of 2024 Applicant :- Mohammad Rehan @ Rehan And 8 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Shamshad Ahmad Khan,Huma Khan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Amaan Ahmad, learned Advocate has filed his Vakalatnama on behalf of opposite party no.2, which is taken on record. Heard learned counsel for the applicants, learned Counsel for the opposite party no.2, learned AGA for the State and perused the record. The instant application has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside/quash the impugned cognizance and summoning order dated

29.07.2024 passed by the learned Additional Chief Judicial Magistrate-II (Second), Lucknow, in Criminal Case No. 73526 of 2024 State of U.P. Versus Mohammad Arshad and others and the impugned Charge Sheet dated 27.04.2024 filed in Case Crime No. 59 of 2024 U/Ss 143, 323, 325, 504, 506 I.P.C, P.S. Aliganj, District Lucknow North (Commissionerate Lucknow) as contained in Annexures no.1 and 2 respectively to this petition and further the entire criminal proceedings of Criminal Case No. 73526 of 2024, State of U.P. Versus Mohammad Arshad and others pending before the learned Additional Chief Judicial Magistrate-ll (Second), Lucknow be also set aside/quashed, so far it relates to the petitioners, in terms of the compromise deed dated 11.12.2024 as contained in Annexure no.4 to this petition, otherwise, the petitioners would suffer irreparable loss and injury which cannot be made good in or any event." Learned counsel for the applicants submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Trial Court as such compromise has to be duly verified in presence of the parties concerned before the Court. Considering the aforesaid, the instant application is disposed of finally in following terms:-

(i) The parties to the proceedings i.e. Criminal Case No. 73526 of 2024 (supra), shall appear before the concerned Court within four weeks from today and file the compromise.

(ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record.

(iii) The concerned Court shall conclude the process of verification of compromise within two week's from the date of production of copy of this order.

(iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed.

(v) It shall be open to the applicants to approach this Court again for quashing of the proceedings.

(vi) Office is directed to provide original compromise, if any, to the Counsel for the applicants, after retaining its photocopy on record. It is for the purposes for its verification by the concerned court.

(vii) For a period of eight weeks, no coercive action shall be taken against the applicants in the aforesaid case. Order Date :- 18.12.2024 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench