Mohd Shahnawaz vs State Of U.P. And Another
2022 Latest Caselaw 19319 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 86
 

 
Case :- APPLICATION U/S 482 No. - 32999 of 2022
 

 
Applicant :- Mohd Shahnawaz
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sayyed Kashif Abbas Rizvi
 
Counsel for Opposite Party :- G.A.,Joun Abbas
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State as well as learned Counsel appearing for respondent no. 2.

Learned counsel for the petitioners submits that the dispute between the parties has been amicably settled outside the Court by way of compromise which is matrimonial in nature and the compromise entered into between the parties is on record as Annexure -4 to this application. 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 petitioner.

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 of Case No. 759 of 2017, State vs Shahnawaz pending before Additional Civil Judge (J.D.) Court No. 4, Aligarh, in Case Crime No. 91 of 2015, Under Sections 498A, 323, 504, 354B IPC & 3/4 D.P. Act P.S.-Gangiri, District-Aligarh, 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