Amir Ahmad And Another vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 1374 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- APPLICATION U/S 482 No. - 1989 of 2022
 

 
Applicant :- Amir Ahmad And Another
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another
 
Counsel for Applicant :- Mohd. Ghufran Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioners, learned A.G.A. for the State and Mohd. Ghufran Khan, Advocate, who has filed Vakalatnama on behalf of respondent no.2, which is taken on record.

The petition seeks quashing of the charge-sheet no.1 of 2019 dated 19.5.2019 in Case No. 467 of 2019, Computer Case No. 27301 of 2019, Crime No.0439/2018, under Section 323, 504, 313, 377, 498A Indian Penal Code and Section 3/4 Dowry Prohibition Act, Police Station Hasanganj, District Lucknow and summoning order dated 21.6.2019 passed by Judicial Magistrate II, Lucknow on the basis of compromise dated 15.9.2021.

This Court vide order dated 5.10.2021 has disposed of the petition bearing No.3692 of 2021, Amir Ahmad and another vs. State of U.P. and another. The order dated 5.10.2021 is on record as Annexure-1 to the petition. While disposing the case, this court has directed the court concerned that if any such compromise is filed before it within ten days from today, it shall issue notice to all its signatories requiring their personal presence and thereafter proceed to verify the compromise.

Learned counsel for the petitioners submit that the petitioners and respondent no.2 have amicably settled their dispute outside the court vide compromise dated 15.9.2021, copy of which is on record as Annexure-2 to the petition.

Further it has been submitted by learned counsel for the petitioners that in compliance of order passed by this Court dated 5.10.2021 the compromise has been verified by the learned court below on 7.12.2021.

Learned counsel for respondent no.2 concedes the argument made by learned counsel for the petitioners.

It is submitted on behalf of the petitioner that the dispute between the petitioners and private respondent has been amicably settled by way of compromise, which has been verified under orders of this Court. Therefore, the proceedings of are liable to be quashed.

Learned counsel for the petitioners has relied on a judgment of Hon'ble Supreme Court of India reported in (2017) 9 SCC 641, Parbatbhai Aahir alias Parbatbhai Bhimsinghbhai Karmur and versus State of Gujarat and another.

On due consideration to the submission(s) of parties' counsel and perusal of the record as also the judgment in Parbatbhai Aahir's case (supra), and the fact that the compromise has been verified by court below and the verification report dated 7.12.2021 is on record, the present petition is allowed and the impugned proceedings (supra) are hereby quashed.

Order Date :- 25.4.2022

Madhu