Ayub and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 13 Case :- APPLICATION U/S 482 No. - 11755 of 2024 Applicant :- Ayub And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rajesh Kumar Awasthi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Vakalatnama filed by Shri Chandra Bhusan, Advocate on behalf of the opposite party No.2 is taken on record.

¶2Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., learned counsel for the opposite party no.2 and perused the record.

¶3This application under Section 482 Cr.P.C. has been filed with following prayer:-"Wherefore, it is most respectfully prayed to the Hon'ble Court may kindly be pleased:-

(i) to quash the impugned Charge Sheet dated 29.05.2024 (Charge Sheet No. 157/2024) filed by the Investigating Officer against the applicants in Case Crime No. 138/2024, U/S. 323, 504, 506 I.P.C., Police Station-Sidhauli, District-Sitapur, filed by the Investigating Officer against the applicants, as contained Annexure No. 1 to this application.

(ii) to quash the impugned entire criminal proceeding of the Case No. 381/2024, State Vs. Ayub and others, initiated in pursuance of the Charge Sheet dated 29.05.2024 (Charge Sheet No. 157/2024) filed by the Investigating Officer against the applicants in Case Crime No. 138/2024, U/S. 323, 504, 506 Ι.Ρ.C., Police Station-Sidhauli, District-Sitapur, which is pending in the Court of Learned Additional Civil Judge (S.D.), Court No. 3/Additional Chief Judicial Magistrate, Sitapur."

¶4Learned counsel for the applicants 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.4 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 applicants to approach this Court again for quashing of the proceedings.

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

¶9Office is directed to return the original compromise deed to the learned counsel for the applicants, after taking the photocopy of the same. Order Date :- 20.12.2024 Arpan High Court of Judicature at Allahabad, Lucknow Bench