Neutral Citation No. - 2025:AHC:21773 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 16290 of 2024 Petitioner :- Umesh Chandra And 3 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Mool Chandra Maurya Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Shri Mool Chandra Maurya, learned counsel for the petitioners and the learned AGA. 2. The factual matrix of the matter derives that initially petitioners were implicated in a First Information Report lodged at the behest of respondent no.2 and the same has been registered as Case Crime No.27 of 2022 in pursuance to Sections 457, 380, 506, 504 IPC. During investigation an amicable settlement had arrived at which culminated into an agreement entered between both the parties which was adduced in writing on 17.12.2020 and 28.6.2022 and the same were handed over to concerned Investigating Officer, who got the same verified by way of showing signatures to the informant and after being satisfied, report under Section 173(2) has been preferred in shape of exonerating the petitioners by way of filing final report. 3. Learned counsel for the petitioners submitted that even after entering into a compromise, respondent no.2 preferred protest petition after submission of final report which was treated as complaint case and over the same all the petitioners have been summoned vide order dated 9.10.2023. 4. Being aggrieved with the summoning order dated 9.10.2023, petitioner preferred criminal revision no.235 of 2024 for challenging order dated 9.10.2023. 5. Learned counsel for the petitioners sought the attention of the court over the protest petition preferred at the behest of respondent no.2, wherein there is hardly any disclosure with regard to compromise whereupon the final report has been preferred by concerned Investigating Officer. Learned counsel for the petitioners also submitted that statement recorded under Section 161 Cr.P.C corroborated the final report preferred by the concerned Investigating Officer. 6. All these facts have not been given any credence inspite of availability of settlement which is part of the case diary. 7. On the basis of above arguments and the grounds, learned counsel for the petitioners made the prayer to set aside the entire proceedings of Complaint Case No. 16174 of 2023 (Dori Lal vs. Umesh and others) under Sections 457, 380, 506, 504 of IPC. 8. Per contra, learned AGA however, vehemently opposed the prayer but did not dispute the fact that the entire protest petition dos not contain a single whisper with regard to entering into an agreement during pendency of investigation. 9. Be that as it may, without interfering in the merit of the matter learned court concerned is hereby directed to proceed with Complaint Case No.16174 of 2023 (Dori Lal vs. Umesh and others) and decide the same as expeditiously as possible preferably within a period of 12 months from the date of production of certified copy of this order. However, it is made clear that due opportunity to all concerned must be ensured and all the petitioners will be at liberty to appear before learned court concerned through their counsel and no coercive action will be taken against the petitioners, personal appearance of the petitioners on specific dates shall be implemented by learned court concerned through their counsel which is mandated as per procedure. 10. Writ petition is disposed of accordingly. Order Date :- 14.2.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad