Smt. Tanima Saxena v. State of U.P. Thru. Secy. Home Civil Secrt. Lko. and Another

Court No. -11 Case :-APPLICATION U/S 482 No. -12625 of 2023 Applicant :-Smt. Tanima Saxena Opposite Party :-State Of U.P. Thru. Secy. Home Civil Secrt. Lko. And Another Counsel for Applicant :-Rehan Ahmad Siddiqui Counsel for Opposite Party :-G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The present petition has been filed for the following main relief:-"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge sheet dated 17-8-2021 as well as entire criminal proceeding of case crime No. 109/2021 u/s 323, 506 I.P.C of P.S Talkatora Distt Lucknow, State Vs Tanima Saxena, pending in the Court of A.C.J.M-6 Lucknow, to secure the ends of justice & to prevent the abuse of the process of the Court." Learned counsel for the applicant submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise. 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 application is disposed of finally in following terms:-

(i) The parties to the proceedings i.e. Case Crime No. 109 of 2021, Police Station Talkatora District Lucknow (State Versus Tanima Saxena), shall appear 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 applicants to approach this Court again for quashing of the proceedings.

(vi) Office is directed to provide original compromise to the Counsel for the applicants, 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 applicants in the aforesaid case. Order Date :- 22.12.2023/Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench