Kalaam Mohammad Nafees and Others Vs State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and Another — Allahabad HC (2023) — LawSathi Research

Kalaam Mohammad Nafees and Others Vs State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and Another — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions to the trial court to verify the parties' compromise (notices to all signatories for personal presence, report if verified, compromise made part of record, certified copies permitted); liberty to the applicants to approach the High Court again for quashing; no coercive action against the applicants for one month; original compromise deed to be returned to counsel after photocopy.

Issue for consideration

Whether the charge-sheet No.01 of 2023 dated 19.04.2023 and the summoning order dated 20.04.2023 arising out of FIR/Case Crime No.22 of 2023 (Ss. 323, 452, 504, 506 IPC, P.S. Aminabad, Lucknow) ought to be quashed, the applicants claiming an amicable compromise between the parties.

Court's answer

Whether the parties have in fact compromised the matter can best be ascertained by the trial court concerned, as such a compromise has to be duly verified in the presence of the parties concerned before the Court.

Ratio / Principle

The application was disposed of with a direction to the trial court concerned that if any such compromise is filed before it, the compromise be verified in accordance with the directions issued.

Key takeaways

On such a compromise being filed, the trial court shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise.ratio¶11
If the compromise is verified, the trial court shall prepare a report to that effect, make the compromise part of the record, and allow the parties to obtain certified copies of the report and the compromise.ratio¶12
After obtaining the certified copy of the report and compromise, it will be open to the applicants to approach this Court again for quashing of the proceedings.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Hon'ble Rajeev Singh, J.), Application U/S 482 No. 6847 of 2023, decided 18.7.2023 (neutral citation 2023:AHC-LKO:47206): The applicants sought quashing of charge-sheet No.01 of 2023 dated 19.04.2023 and the summoning order dated 20.04.2023 arising out of FIR/Case Crime No.22 of 2023, Ss. 323, 452, 504, 506 IPC, P.S. Aminabad, Lucknow, on the ground that the parties had amicably compromised their dispute, the compromise being filed as Annexure No.5. The Court held that whether the parties have in fact compromised is best ascertained by the trial court, since a compromise must be duly verified in the presence of the parties. The application was disposed of with directions: upon the compromise being filed, the trial court shall issue notices to all signatories requiring personal presence and verify the compromise; if verified, prepare a report, make the compromise part of the record and permit certified copies; the applicants may then approach the High Court again for quashing. No coercive action was to be taken against the applicants for one month, and the office was directed to return the original compromise deed to counsel after photocopy.

Neutral Citation No. - 2023:AHC-LKO:47206

Court No. - 12

Case :- APPLICATION U/S 482 No. - 6847 of 2023

Applicant :- Kalaam Mohammad Nafees And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Another Counsel for Applicant :- Ajai Kumar Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Singh,J.

Md. Shahrukh Khan and Farhan Abbas, Advocates filed Vakalatnama on behalf of opposite party no.2 is taken on record.

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.

The instant application has been filed for quashing the charge-sheet No.01 of 2023 dated 19.04.2023 in FIR No.22 of 2023 U/s 323, 452, 504, 506 IPC, P.S.- Aminabad, Lucknow in Case No.71119 of 2023 as well as to quash the summoning order dated 20.04.2023 arising out of Case Crime No.22 of 2023.

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.5 to the application.

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.

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.

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.

For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case.

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 :- 18.7.2023 Arpan

Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench