Ameen Ali and 2 Others Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another — Allahabad HC (2024) — LawSathi Research

Ameen Ali and 2 Others Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of finally with directions: parties to file the compromise before the concerned court within two weeks; concerned court to verify the compromise, prepare a report, make the original deed part of the record and conclude verification within two weeks of production of the order copy; parties permitted certified copies of the report and compromise deed; liberty reserved to the appellants to approach this Court again for quashing; original compromise to be provided to appellant's counsel; no coercive action against the appellants for six weeks.

Issue for consideration

Whether the charge sheet dated 31.08.2015, summoning order dated 23.09.2015 and entire proceedings of Sessions Trial No. 235/2017 are liable to be quashed in view of the settlement/compromise arrived at between the parties. +1 more

Court's answer

The appeal is disposed of finally in the following terms, i.e., routed through verification of the compromise by the trial court rather than quashed at this stage.

Ratio / Principle

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

Key takeaways

The parties to the proceedings in issue shall appear and file the compromise before the concerned court within two weeks from the date of the order.ratio¶12
If the parties appear, the concerned court shall verify the compromise between the parties, prepare a report to that effect and make the original compromise deed part of the record.ratio¶13
The concerned court shall conclude the process of verification of the compromise within two weeks from the date of production of a copy of this order.

Detailed headnote1 paragraphs

Criminal Appeal No. 1571 of 2024, Ameen Ali and 2 others v. State of U.P. and another, High Court of Judicature at Allahabad, Lucknow Bench (Saurabh Lavania, J.), order dated 8.5.2024 - Appeal sought quashing of the charge sheet dated 31.08.2015, summoning order dated 23.09.2015 and entire proceedings of Sessions Trial No. 235/2017 (State vs. Noor Ali and others) arising out of Case Crime No. 0259/2015, under Sections 323/504 IPC and Section 3(i)(x) SC/ST Act, Police Station Bakshi Ka Talab, District Lucknow, on the ground that the parties had amicably settled the dispute outside Court and executed a compromise deed (Annexure No. 4). Holding that whether the parties have in fact compromised can best be ascertained by the trial court, since a compromise must be duly verified in the presence of the parties, the Court disposed of the appeal finally with directions: parties to appear and file the compromise before the concerned court within two weeks; the concerned court to verify the compromise, prepare a report, make the original deed part of the record and conclude verification within two weeks from production of a copy of the order; certified copies of the report and deed to be permitted; liberty reserved to the appellants to approach the Court again for quashing; original compromise to be released to appellant's counsel; and no coercive action against the appellants for six weeks.

Neutral Citation No. - 2024:AHC-LKO:35433

Court No. - 13

Case :- CRIMINAL APPEAL No. - 1571 of 2024

Appellant :- Ameen Ali And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Appellant :- Kahkashan Zaidi,Arbi Hussain,Arshad Jameel Counsel for Respondent :- G.A.

Hon'ble Saurabh Lavania,J.

Short counter affidavit filed in the Court today is taken on record.

Heard learned counsel for the appellant(s), learned AGA for the State and perused the record.

Instant appeal has been preferred by the appellants for quashing the charge sheet dated 31.08.2015 as well as summoning order dated 23.09.2015 and entire proceedings of Sessions Trial No. 235/2017 (State vs. Noor Ali and others) arising out of Case Crime No. 0259/2015, under Sections- 323/ 504 IPC and Section- 3(i)(x) SC/ST Act, Police Station- Bakshi Ka Talab, District Lucknow.

Learned counsel for the appellant(s) submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No. 4 to the present appeal. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed.

Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court as such compromise has to be duly verified in presence of the parties concerned before the Court.

Considering the aforesaid, this appeal is disposed of finally in following terms:-

(i) The parties to the proceedings in issue shall appear and file the compromise before the concerned court within two week's from today.

(ii) If the parties appear before the concerned court in terms of above, the concerned court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record.

(iii) The concerned court shall conclude the process of verification of compromise within two week's from the date of production of copy of this order.

(iv) The concerned court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed.

(v) It shall be open to the appellant(s) to approach this Court again for quashing of the proceedings.

(vi) Office is directed to provide original compromise to the counsel for the appellant(s), after retaining its photocopy on record. It is for the purposes for its verification by the concerned court.

(vii) For a period of six weeks, no coercive action shall be taken against the appellant(s) in the aforesaid case.

Order Date :- 8.5.2024 Arun/-

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