Talat Mahmood @ Pappu and 2 Others v. State of U.P. Thru. Its Prin. Secy. Deptt. Home Lko. and Another

Court No. -12 Case :-APPLICATION U/S 482 No. -11688 of 2024 Applicant :-Talat Mahmood @ Pappu And 2 Others Opposite Party :-State Of U.P. Thru. Its Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :-Mohd. Vakar Khan Counsel for Opposite Party :-G.A. Hon'ble Saurabh Lavania,J. Sri Mohd. Anas Siddiqui, 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:-"i. to quash the impugned charge sheet dated 06.09.2020 arising out of Case Crime No. 346/2020, Under Sections 323, 504 & 506 I.P.C., pertaining to Police Station-Dargah Shareef, District-Baharaich as well as the impugned cognizance/summoning order dated 14.09.2020 passed by the learned Additional Chief Judicial Magistrate, Baharaich in Criminal Case No. 9491 of 2020 "State Vs. Talat Mahmood & Others" including the entire consequential proceedings thereof, in terms of compromise dated 10.12.2024, as contained in Annexure No.1&2 to this application." 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 appeal is disposed of finally in following terms:-

(i) The parties to the proceedings i.e. Criminal Case No. 9491 of 2020 (supra), shall appear before the concerned Court within six 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 :- 19.12.2024 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench