Abdul Qadir And 6 Others vs State Of U.P And Another
2022 Latest Caselaw 19317 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 86
 

 
Case :- APPLICATION U/S 482 No. - 39543 of 2022
 

 
Applicant :- Abdul Qadir And 6 Others
 
Opposite Party :- State Of U.P And Another
 
Counsel for Applicant :- Mohammad Abid Ali
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioners and learned A.G.A. for the State as well as Sri Ahmad Ali Siddiqui, learned Counsel appearing for respondent no. 2 who has filed Vakalatnama on his behalf and the same is taken on record.

Learned counsel for the petitioners submits that the dispute between the parties has been amicably settled outside the Court by way of compromise and the compromise entered into between the parties is on record. It is further submitted that since the dispute has been settled outside the Court by the parties, the proceedings impugned be quashed in view of the judgment of Supreme Court in the case of "Gian Singh Vs. State of Punjab" reported in "(2012) 10 SCC 303".

Learned counsel for respondent no. 2 as well as learned A.G.A. concede the argument of learned counsel for the petitioners.

Learned A.G.A. as well as the learned counsel for the opposite party No. 2 have no objection if the proceedings are quashed provided the compromise is first verified by the competent Court.

In view of the above the parties are directed to appear before the learned trial court on 20.12.2022 along with the copy of original compromise deed, if not already filed before it, and the learned trial court shall verify the compromise in presence of the parties or their counsels within one week thereafter and keep a report of the verification on the record of the Court after providing its copies to the parties.

For a period of three months, the proceedings in respect of Summoning order dated 23.08.2018 passed by the learned Judicial Magistrate, Sahaswan, District Budaun in Complaint Case No. 57 of 2018 (Israr Abdul Qadir and others) Under Section 323, 506 IPC Police Station Sahaswan, District Budaun as well as to quash the entire proceedings of Complaint Case No. 57 of 2018 (Israr. Vs. Abdul Qadir and others) Under Sections 323, 506 IPC Police Station Sahaswan, district Budaun pending in the Court of learned Judicial Magistrate, Sahaswan, District Budaun, shall be kept in abeyance.

In view of the above, the petition is disposed of.

Liberty to the parties is granted to approach this Court again for quashing of the proceedings on the basis of compromise and its verification.

Office is directed to return the original compromise to learned counsel for the petitioners as per Rules of the Court in case it has been filed here.

Order Date :- 1.12.2022

Arun K. Singh