Firoz Ahmad Vs State of U.P. Thru. Prin. Secy. Home… — Cheating and Forgery | Allahabad HC (2024)

Firoz Ahmad Vs State of U.P. Thru. Prin. Secy. Home… — Cheating and Forgery | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Application disposed of with directions: both parties to appear before the court concerned on 18.12.2024 and file their compromise application; trial court to issue notices to all signatories requiring personal presence and verify the compromise within three months; verified compromise to be made part of the record and reported to this Court; parties permitted certified copies; applicant at liberty to approach this Court again for quashing; no coercive action against the applicant for four months; Office to return the original compromise deed to the applicants' counsel retaining a photocopy on record.

Issue for consideration

Whether the charge sheet dated 10.01.2015 (No.3/2015) in Case Crime No.2492/2014 under Sections 406/420 IPC, P.S. Kotwali Dehat, District Hardoi, and the NBW order dated 25.07.2023 passed by the CJM, Hardoi, should be quashed, the parties having amicably settled the dispute by compromise. +1 more

Court's answer

The application is disposed of with direction to both parties to appear before the court concerned on 18.12.2024 and file their compromise application.

Ratio / Principle

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

Key takeaways

If the compromise application is filed, the court concerned shall issue notices to all signatories to the compromise requiring their personal presence and proceed to verify the compromise within three months from that date.ratio¶10
Upon verification, a report shall be prepared making the compromise part of the record and sent to this Court; the parties may obtain certified copies of the report and compromise; and it remains open to the applicant to approach this Court again for quashing of the proceedings.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Brij Raj Singh, J.; order dated 11.12.2024) - Application under Section 482 Cr.P.C. by Firoz Ahmad seeking quashing of the charge sheet dated 10.01.2015 (Charge sheet No.3/2015) in Case Crime No.2492/2014, Sections 406/420 IPC, P.S. Kotwali Dehat, District Hardoi, and of the NBW order dated 25.07.2023 issued by the Chief Judicial Magistrate, Hardoi in Case No.1707/2015 'State vs. Firoj'. Learned counsel for both sides reported an out-of-court compromise, the original compromise deed being annexed as Annexure No.SA-2 to the supplementary affidavit. The Court held that whether the parties have in fact compromised can best be ascertained by the trial court, since the compromise must be duly verified in the presence of the parties before the court concerned. The application was accordingly disposed of: parties directed to appear before the court concerned on 18.12.2024 and file the compromise application; notices to all signatories for personal presence; verification within three months; report of verification to be sent to this Court; certified copies permitted; liberty reserved to the applicant to renew the quashing prayer; and no coercive action against the applicant for four months. Office directed to return the original compromise deed to the applicants' counsel retaining a photocopy.

Neutral Citation No. - 2024:AHC-LKO:82981

Court No. - 28

Case :- APPLICATION U/S 482 No. - 2035 of 2024

Applicant :- Firoz Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Irfan Khan,Shabe Roshan Counsel for Opposite Party :- G.A.,Abdur Rub,Kuldeep Kumar Srivastava

Hon'ble Brij Raj Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State-opposite party and Sri Kuldeep Kumar Srivastava, learned counsel for the opposite party nos.2.

The present application under Section 482 Cr.P.C. has been filed for quashing of the Charge sheet dated 10.01.2015, Charge sheet No.3/2015, Case Crime No.2492/2014, U/S 406 and 420 IPC, Police Station - Kotwali Dehat, District - Hardoi as well as NBW order dated 25.07.2023 issued by learned Chief Judicial Magistrate, Hardoi in Case No.1707/2015 "State vs. Firoj", Case Crime No.2492/2014, U/S 406 and 420 IPC, Police Station - Kotwali Dehat, District - Hardoi.

Learned counsel for both the parties submit that parties have amicably settled their dispute outside the Court by way of compromise and the original compromise deed has been annexed as Annexure No.SA-2 to the supplementary affidavit, therefore, the aforesaid case may be decided in terms of the compromise arrived at between the parties.

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 before the court concerned.

Accordingly, the present application is disposed of with direction to both the parties to appear before the court concerned on 18.12.2024 and file their comprise application. If such compromise application is filed, the court concerned shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise within three months from that date. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court making compromise to be part of the record and a

report to that effect shall also be send to this Court whether the said compromise took place or not. The court concerned will allow the parties to obtain certified copy of the report as well as compromise. It will also be open to the applicant to approach this Court again for quashing of the proceedings.

For a period of four months, no coercive action shall be taken against the applicant in the aforesaid criminal case.

Office is directed to return the original compromise deed to the counsel for the applicants after retaining a photocopy of the same on record.

Order Date :- 11.12.2024 KR

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