Parvez Malik And 2 Others v. State of U.P & Anr.

1-Heard learned counsel for the applicants. 2-This application under Section 482 Cr.P.C. has been preferred by the applicants, namely, Parvez Malik, Mohd. Mayur and Gulzar with a prayer to quash the charge-sheet no. 850 of 2023 dated 26.12.2023, cognizance order dated 14.08.2024 and proceedings of Case No. 10036 of 2024 (Computer Case No. 30952 of 2024) (State vs. Parvez Malik and Others) arising out of Case Crime No. 0067 of 2023, under Sections 342, 323, 504, 506, 365 I.P.C. and Section 66 I.T. Act, Police Station Civil Line, District Moradabad pending in the Court of Chief Judicial Magistrate, Moradabad. 3-It is submitted by the learned counsel for the applicants that in this case, opposite party no. 2- Rishi Gupta lodged a first information report on 24.01.2023 for the offence under Sections 342, 323, 504, 506 I.P.C. and Section 66 I.T. Act against the applicants, in which after culmination of investigation, charge-sheet was submitted on 26.12.2023, on which the learned Magistrate concerned took cognizance and summoned the applicants vide order dated 14.08.2024.

Thereafter the parties concerned have settled their dispute outside the Court and a compromise application dated 28.08.2024 has been filed before the Court of Chief Judicial Magistrate, Moradabad where criminal proceeding against the applicants is pending. Said compromise application has been brought on record as Annexure No. 4 to this application. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below, as such said compromise has to be duly verified in presence of the parties concerned before the Court. 4-Accordingly, the concerned Court below is directed that if any such compromise has already been filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record.

The Court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. 5-Till verification of compromise between the parties by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid case. 6-With the aforesaid directions, the instant application U/s 482 Cr.P.C. stands disposed of. Order Date :- 23.10.2024 Saurabh