Haji Anees And 4 Others vs State Of U.P And Another
2022 Latest Caselaw 13920 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 86
 

 
Case :- APPLICATION U/S 482 No. - 31098 of 2022
 

 
Applicant :- Haji Anees And 4 Others
 
Opposite Party :- State Of U.P And Another
 
Counsel for Applicant :- Ved Prakash Mishra
 
Counsel for Opposite Party :- G.A.,Aditya Prasad Mishra
 

 
Hon'ble Karunesh Singh Pawar,J. 

1. Heard Sri Ved Prakash Mishra, learned counsel for the applicants, learned Additional Government Advocate for State, Sri Aditya Prasad Mishra, learned counsel for the opposite party no.2, who has already filed his vakalatnama in the registry, and perused the record.

2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No.1926 of 2018 (Mahrajuddin Vs. Nafeesa and others), under sections 147, 148, 149, 323, 452, 504, 506, IPC, Police Station Sardhana, District Meerut, including summoning order dated 10.08.2016, passed by learned A.C.J.M., 4TH, Meerut, in the light of the compromise entered between the parties, dated 30.07.2022.

3. Learned counsel for the applicants submits that the dispute between the parties has been amicably settled outside the Court by way of entering into compromise which is on record as Annexure No.9 to the affidavit filed in support of the 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".

4. Learned counsel for respondent no.2 concedes the argument of learned counsel for the applicants.

5. Learned A.G.A. has no objection if the proceedings are quashed provided the compromise is first verified by the competent Court.

6. In view of the above the parties are directed to appear before the learned trial court on 19.10.2022 along with the copy of a fresh deed, who shall verify the compromise in presence of the parties within one week thereafter and keep a report of the verification on the record of the Court after providing its copies to the parties.

7. For a period of two month, the proceedings of aforesaid case, shall be kept in abeyance.

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

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

10. Office is directed to return the original compromise to learned counsel for the applicants as per Rules of the Court.

Order Date :- 27.9.2022

VKG