Naheed Rizvi and 4 Others v. State of U.P. Thru. Prin. Secy. Home, U.P. Lucknow and 2 Others

Allahabad HC11 Oct 2023/9946/2023

Case brief

AI extract

What is this about?

The Allahabad High Court disposed of an application under Section 482 Cr.P.C. for quashing criminal proceedings. The court directed the trial court to verify the alleged compromise deed before the compromise is accepted and relied upon for quashing.

What did the court decide?

Stay of proceedings for one month; direction to trial court to verify compromise deed and report; applicants permitted to approach High Court again post-verification.

Naheed Rizvi and 4 Others Vs State of U.P. Thru… — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:66693

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 9946 of 2023

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Applicant :- Naheed Rizvi And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, U.P. Lucknow And 2 Others Counsel for Applicant :- Ali Akhtar Zaidi,Syed Sajjad Imam Rizvi Counsel for Opposite Party :- G.A.,Ishan Baghel

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Hon'ble Shree Prakash Singh,J.

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Sri Ishan Baghel, Advocate and Sri Nishchal Verma, Advocate, have put in appearance on behalf of opposite party no.2 by filing their vakalatnama, which is taken on record.

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Heard Sri Ali Akhtar Zaidi, learned counsel for the applicants, Sri Ishan Baghel and Sri Nishchal Verma learned counsels for opposite party no.2, Sri Atreya Tripathi, learned A.G.A. for the State and perused the record.

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The instant application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No.46163/ 2023 (State Vs. Naheed Rizvi and others) arising out of Case Crime No. 0619/2021 u/s 147, 323, 504, 506, 342 IPC, Police Station- Ghazipur, District- Lucknow, pending in the Court of Special Chief Judicial Magistrate (Custom), Lucknow; as well as charge sheet dated 30.12.2022 and summoning order dated 10.05.2023 in the aforesaid case crime number.

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Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the instant case. He next added that under some misunderstanding, the instant F.I.R. has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 16.05.2023, which has been annexed as Annexure no.6 to the instant application. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicants are the futile exercise as there is no fate of trial and that would amount to harassment of the applicants and thus, the criminal proceedings against the applicants may be quashed.

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On the other hand, learned counsel appearing for the opposite parties have supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably through a compromise deed dated 16.05.2023 and there is no further grievance of the opposite parties against the

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present applicants and the criminal proceedings against the applicants may be dropped.

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Learned A.G.A. appearing for the State has no objection to the contentions aforesaid.

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Now, 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 parties concerned before the Court.

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Accordingly, this application is disposed of with a direction to the 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.

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The court 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.

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For a period of one month, the proceedings initiated in pursuance of Case Crime No.0619/2021 u/s 147, 323, 504, 506, 342 IPC, P.S. Ghazipur, Lucknow, shall remain stayed so far as applicants are concerned.

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The trial Court is further directed to ensure whether all the parties, against whom the charge sheet was filed, are present before the trial court and a report to this effect shall also be sent along with the verification order.

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Order Date :- 11.10.2023 Manoj K.

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

Naheed Rizvi and 4 Others v. State of U.P. Thru. Prin. Secy. Home, U.P. Lucknow and 2 Others

Case brief

What is this about?

What did the court decide?

Naheed Rizvi and 4 Others v. State of U.P. Thru. Prin. Secy. Home, U.P. Lucknow and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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