Allahabad High Court
Zulfiqar Ali And 5 Others vs State Of U.P. And Another on 6 November, 2024
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:175099 Court No. - 73 Case :- APPLICATION U/S 482 No. - 37377 of 2024 Applicant :- Zulfiqar Ali And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sujit Kumar Agrawal,Vivek Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
1. Heard Mr.Vivek Kumar Shukla, learned counsel for the applicants, Mr. Ayaz Khan, learned counsel for opposite party no.2 and Mr. P.K. Singh, learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the impugned charge sheet dated 08.06.2024 and cognizance /summoning order dated 23.07.2024 as well as entire criminal proceedings of Crl. Case No.30635 of 2024 (State Vs. Zulfiqar Ali and others) arising out of Case Crime No. 85 of 2024 under Sections 498A, 323, 506, 354 IPC & Section 3/4 DP Act, Police Station-Chhajlait, District-Moradabad, on the basis of compromise dated 19.09.2024, pending in the Court of Additional Chief Judicial Magistrate-4, Moradabad.
3. Learned counsel for the parties submit that the parties have amicably settled their dispute out of Court and have entered into compromise. He states that he will file compromise deed before the court concerned. In this regard, an affidavit on behalf of both the parties has been moved before the Court concerned mentioning therein that they have entered into compromise and they do not want to press the case, copy of said affidavit has been annexed as Annexure no.8 to this application. Therefore, no useful purpose would be served in continuing the proceedings before the court below and the same is not only sheer wastage of time of the Court but also abuse of the process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303.
4. Learned AGA, however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law.
5. In view of the above, both the parties are directed to appear before the court below along with a certified copy of this order within two weeks from today and be permitted to file a proper compromise deed. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from today. While passing the order verifying the compromise, the concerned court shall also record the statement of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not.
6. The court in that scenario will allow the parties to obtain certified copy of the order verifying the compromise deed and it will be open to the applicants to approach this Court again for quashing of the proceedings.
7. Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case.
8. With the aforesaid directions, this application is finally disposed of.
Order Date :- 6.11.2024 Md Faisal