Shahrukh Aziz and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. of Home Lko. and 2 Others

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11723 of 2024 Applicant :- Shahrukh Aziz And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Of Home Lko. And 2 Others Counsel for Applicant :- Mohd. Raziullah,Gayasuddeen,Saksham Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Zartab Qamar, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party No.3 and filed his Vakalatnama, which is taken on record. Heard learned counsel for the applicants, learned AGA for the State of U.P. and gone through the record. The present application under Section 482 Cr.P.C. has been filed for the following main reliefs:- "A. To quash the impugned charge sheet filed in Case Crime No.0362/2020 and also entire proceeding of Case No. 27400/2021, i.e. State Vs. Shahrukh Aziz and other, pending before A.C.J.M. CBI - AP, Lucknow on the basis of compromise filed as annexure no.1 in surrender and bail application before the

Trial

Court

on

12.08.2024.

dated B. To call for the compromise verification report, on compromise filed on dated 12.08.2024 in the Case Crime No. 0362/2020 and Case No.27400/2021, i.e. State Vs. Shahrukh Aziz and other pending before A.C.J.M. CBI-AP, Lucknow." Learned counsel for the applicants has 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.0362/2020, and also entire proceeding of Case No. 27400/2021, i.e. State Vs. Shahrukh Aziz and other, pending before A.C.J.M. CBI - AP, Lucknow, 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 applicants to approach this Court again for quashing of the proceedings.

(vi) For a period of six weeks, no coercive action shall be taken against the applicants in the aforesaid case. Order Date :- 19.12.2024 ML/- High Court of Judicature at Allahabad, Lucknow Bench