Allahabad High Court
Syed Mohd. Rahbar @ Sultan vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 11 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 15 Case :- APPLICATION U/S 482 No. - 3423 of 2023 Applicant :- Syed Mohd. Rahbar @ Sultan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Syed Mohd Mahmood Hasan Counsel for Opposite Party :- G.A. Hon'ble Ajai Kumar Srivastava-I,J.
Heard Sri Syed Mohd. Mahmood Hasan, learned counsel for the applicant, Sri Alok Saran, learned A.G.A. for the State-respondent and perused the entire record.
In view of the order proposed to be passed, notice to the opposite party no.2 is hereby dispensed with.
The instant application under Section 482 Cr.P.C. has been filed by the applicant for quashing the charge sheet filed in FIR No.288 of 2019, under Sections 420, 406 I.P.C., Police Station Mahanagar, District Lucknow as well as impugned summoning order dated 21.08.2021 as well as BW/10000 order dated passed in Case No.57462 of 2021 arising out of 57462 of 2021 arising out of FIR No.288 of 2019, under Sections 420, 406 I.P.C., Police Station Mahanagar, District Lucknow.
Learned counsel for the applicant submits that the applicant and the complainant have entered into a compromise on 15.01.2022. They have settled their dispute amicably out of the Court and have decided not to contest the case against each other. Copy of the compromise dated 15.01.2022 is on record as Annexure No.4 to the instant application.
Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below, as such, compromise has to be duly verified in presence of the concerned parties before the court below.
Accordingly, this application is finally disposed of with a direction to the court concerned that if any such compromise is filed before it, notices be issued 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 concerned and the compromise will be made part of the record.
The 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 applicant to approach this Court again for quashing of the proceedings.
The Registry of the Court is directed to return the original compromise deed annexed with the instant application as Annexure No.4 to the learned counsel for the applicant after retaining a photocopy of the same on record.
It is also provided that during the process of verification of compromise, if any process is found to be issued against the applicant, the same shall not be given effect to.
Order Date :- 11.4.2023/Mahesh