Allahabad High Court
Rahat Ali And 3 Others vs State Of U.P. Thru. Prin. Secy. Home And 4 ... on 25 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 15 Case :- APPLICATION U/S 482 No. - 8655 of 2022 Applicant :- Rahat Ali And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And 4 Others Counsel for Applicant :- Anil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ajai Kumar Srivastava-I,J.
Vakalatnama filed by Sri Rohit Kumar Singh, Advocate on behalf of opposite party nos.2 to 5 today is taken on record.
Heard Sri Anil Kumar Tiwari, learned counsel for the applicants, learned A.G.A. for the State-respondent, Sri Rohit Kumar Singh, learned counsel for opposite party nos.2 to 5 and perused the entire record.
The instant application under Section 482 Cr.P.C. has been filed by the applicans for quashing the entire proceedings as well as cognizance order dated 12.01.2015 and 12.06.2015 of Sessions Trial No.25/15 and 226/15 "State vs. Khalil and others and State vs. Rahat Ali and others" as well as quashing the impugned charge sheet no.5/15, dated 07.01.2015 and charge sheet no.5A/15, dated 30.05.2015 arising out of Case Crime No.440/2014, under Sections 147/323/325/308 I.P.C. relating to Police Station Purakalandar, District Faizabad/Ayodhya having Sessions Trial Nos.25/15 and 226/15, pending in the Court of learned court of Additional Session Judge/F.T.C., First, Faizabad on the basis of compromise.
Learned counsel for the applicants as well as learned counsel for opposite party nos.2 to 5 jointly submit that nothing as alleged has been committed by the applicants, however, the applicants and the complainant have entered into a compromise. 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 deed is on record as Annexure No.5 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.5 to the learned counsel for the applicants 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 applicants, the same shall not be given effect to.
Order Date :- 25.11.2022 Mahesh