Mohd. Khaleel v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11583 of 2024 Applicant :- Mohd. Khaleel Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rajeev Kumar Mishra Rudra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Kuldeep Singh, Advocate, has put in appearance for the private opposite party no. 2 and has filed his Vakalatnama, which is taken on record. Heard learned counsel for the parties and perused the record. Instant application has been preferred by the applicant(s) seeking following main reliefs:- "The petitioner named above most respectfully begs to submit that for the facts, reasons and circumstances stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the Charge-Sheet No. 97/2014 dated

23.05.2014, under section-420, 465, 466, 467, 468, 469, 471 I.P.C., Police Station -Kotwali Nagar, District Gonda, as well as entire proceedings of Criminal Case No. 1517/2014, 'State Vs Khaleel', arising out of Case Crime No. 822/2013, under section 419, 420 I.P.C., registered at Police Station Kotwali Nagar, District Gonda, pending in the Court of Learned Chief Judicial Magistrate, Gonda, in the light of Compromise taken place between the parties dated 23.11.2024. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings of the Criminal Case No. 1517/2014, 'State Vs Khaleel', pending before the Learned Chief Judicial Magistrate, Gonda, during the pendency of this petition." Learned counsel for the applicant(s) submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No. 3 to the present application. 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, this application is disposed of finally in following terms:-

(i) The parties to the proceedings in issue shall appear and file the compromise before the concerned court within four week's from today.

(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 applicant(s) 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 applicant(s), 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 applicant(s) in the aforesaid case. Order Date :- 18.12.2024 Arun/- High Court of Judicature at Allahabad, Lucknow Bench