Allahabad High Court
Dr. Shaharyar Khan @ Mohd. Shaharyar ... vs State Of U.P. Thru. Addl. Chief Secy. ... on 10 October, 2023
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:65395 Court No. - 12 Case :- APPLICATION U/S 482 No. - 9784 of 2023 Applicant :- Dr. Shaharyar Khan @ Mohd. Shaharyar Khan And 3 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Karunesh Singh,Avnesh Kumar Singh,Ram Sumiran Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Sri Vijay Pratap Singh as well as Sri Pushkar Singh, Advocates filed Vakalatnama on behalf of opposite party no.2 is taken on record.
2. Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record.
3. The instant application has been filed for quashing the proceedings of two cases i.e. first bearing Case No.19560 of 2016 pending in the court of learned Additional Chief Judicial Magistrate-I, Lucknow arising out of Case Crime No.223 of 2015 U/s 498-A, 323, 504, 506 I.P.C. & Section 3/4 of Dowry Prohibition Act, Police Station- Hussainganj, District- Lucknow; another case arising out of Complaint Case No.1172 of 2016 U/s 406, 323, 504, 506 I.P.C., Police Station- Hussainganj, District- Lucknow.
4. Learned counsel for the applicants submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.6 to the application.
5. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned as such compromise has to be duly verified in presence of the parties concerned before the Court.
6. Accordingly, this application is disposed of with a direction to the trial court concerned that if any such compromise is filed before it, it shall issue notices 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 and the compromise will be made part of the record.
7. 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 applicants to approach this Court again for quashing of the proceedings.
8. For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case.
9. Office is directed to return the original compromise deed to the learned counsel for the applicants, after taking the photocopy of the same.
Order Date :- 10.10.2023 Arpan