Mohd. Rashid Hashmi @ Mohd Rashid and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 14 Case :- APPLICATION U/S 482 No. - 11620 of 2024 Applicant :- Mohd. Rashid Hashmi @ Mohd Rashid And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mohd. Sharan,Aftab Alam Malik Counsel for Opposite Party :- G.A. Hon'ble Ajai Kumar Srivastava-I,J.

¶1Sri Mohd. Umar, Advocate has put in appearance on behalf of opposite party No.2 by filing his vakalatnama in Court today, which is taken on record.

¶2Heard Sri Aftab Alam Malik, learned counsel for the applicants, Sri Rajesh Kumar Singh, learned A.G.A. for the State, Sri Mohd. Umar, learned counsel for opposite party No.2 and perused the material available on record.

¶3The instant application under Section 482 Cr.P.C. has been filed by the applicants for quashing the impugned summoning order dated 05.04.2022 passed by the learned J.M. 3rd, Lucknow as well as entire proceeding of Complaint Case No.5559 of 2021, under Sections 498A, 323, 504, 506 I.P.C. and Sections 3/4 D.P. Act, Police Station Para, District Lucknow, pending in the court of learned J.M. 3rd, Lucknow.

¶4Learned counsel for the applicants as well as learned counsel for opposite party No.2 jointly submit that nothing as alleged has been committed by the applicants, however, the applicants and the complainant have entered into a compromise on 09.12.2024. 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 dated 09.12.2024 is on record as Annexure No.6 to the instant application.

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

¶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 concerned parties including the injured or victim, if any, 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 applicants to approach this Court again for quashing of the proceedings.

¶8The Registry of the Court is directed to return the original compromise deed, if any, annexed with the instant application to the learned counsel for the applicants after retaining a photocopy of the same on record.

¶9During the process of verification, the impugned summoning order dated 05.04.2022 or any process issued pursuant thereto, shall not be given effect to qua the present applicants only. (Ajai Kumar Srivastava-I, J.) Order Date :- 18.12.2024 cks/- High Court of Judicature at Allahabad, Lucknow Bench