Disposed

Haseen Khan and 3 Others v. State of U.P. and Another

Allahabad HC29 Jul 2024A482/22960/2024

Case brief

AI extract

What is this about?

Applicants sought quashing of summoning order and NBW in an old complaint case on the basis of a compromise. The High Court directed both parties to appear before the trial court for verification of the compromise and compensation, with interim protection from coercive measures.

What did the court decide?

Parties directed to appear before trial court for compromise verification within two weeks; no coercive measures till next date.

Haseen Khan and 3 Others vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 22960 of 2024

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Applicant :- Haseen Khan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mushir Khan Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Mushir Khan, learned counsel for the applicants and Mr. Amit Singh Chauhan, learned AGA-I for the State.

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The present 482 Cr.P.C. application has been filed to quash the entire proceeding as well as impugned summoning order dated 19.12.2002 under section 323, 452, 427, 338, 364, 504, 506 IPC, Police Station Kotwali, District Farrukhabad passed by Chief Judicial Magistrate, Farrukhabad and order dated 15.11.2022 of NBW against the applicants in Complaint Case No. 3436 of 2002 the then Case number and in present Case No. 973 of 2021(Farzana Begum Vs. Haseen Khan and others) pending before the Additional Civil Judge, Senior Division, Farrukhabad on the basis of compromise.

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Earlier an Application U/s 482 No. 1947 of 2003 was filed by the applicants in which the proceeding of Case No. 3436 of 2002 (Ferzana Begum Vs. Haseen Khan and others) was stayed vide order dated 2nd April, 2003, the aforesaid case was dismissed as infructuous vide order dated 13.12.2010. The applicants came to know about the proceedings at a later stage, therefore, under changed circumstances wherein the parties have entered into compromise, the Second Application U/s 482 filed challenging the summoning order as well as entire proceedings, is maintainable.

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Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been entered

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into between the parties. The copy of the said compromise/mutual deed, filed before the court below, is annexed as Annexure No. 7 to this application. Therefore, continuance of proceedings against the applicants would be a futile exercise and wastage of time of the Court and will be abuse of process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303.

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Learned AGA also does not dispute the correctness of the submissions made by the learned counsel for the applicants.

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Whether a compromise has taken place or not can at best be ascertained by the court, where the proceedings are pending, after ensuring the presence of the parties before it.

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In view of the above, both the parties are directed to appear before the court below along with copy of compromise deed as well as a certified copy of this order within a period of two weeks from today. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, after hearing the informant, as expeditiously as possible, preferably within a period of one month from today. While passing the order verifying the compromise, the concerned court shall also record the statement of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not? The facts regarding the amount towards compensation as received and stated to be returned, shall also be verified.

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Upon due verification of compromise as well as compensation amount, the court below may pass appropriate order in that regard and send a report to this Court.

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Put up this case on 27th August, 2024, as fresh, at 02:00 p.m. 10. Till then, no coercive measure shall be taken against the applicants in the aforesaid case.

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Order Date :- 29.7.2024

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Arti

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Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad

Haseen Khan and 3 Others v. State of U.P. and Another

Case brief

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Haseen Khan and 3 Others v. State of U.P. and Another

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