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2025 DAILYLAW 116044 (ALL)

RAHIMUDDIN AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/347/2025 · 2025-01-16

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2609 Court No. - 12 Case :- APPLICATION U/S 482 No. - 347 of 2025 Applicant :- Rahimuddin And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Desh Deepak Verma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Nitin Kumar, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2, 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 relief:- "For the facts; reason and circumstances stated in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the charge sheet arising out of F.I.R No.522/2022 Under Sections 323, 504, 506 I.P.C. P/S. Kothi, District Barabanki and also quash the entire proceeding in Case No. 44/2024 State versus Rahimuddin and others pending in the court of Learned Additional Chief Judicial Magistrate Court. No.17, Barabanki arising out of aforesaid charge sheet and also quash the order dated 10.05.23 passed by Learned Additional Chief Judicial Magistrate Court No. 17 Barabanki by means of which he has taken cognizance on the charge sheet and summoned the applicant Under Section 323, 504, 506 I.P.C in the interest of justice. It is further prayed before this Hon'ble Court that it may kindly be pleased to stay further proceeding in aforesaid Case no. 44/2024 State versus Rahimuddin and others pending in the court of Learned Additional Chief Judicial Magistrate Court No.17 Barabanki during the pendency of this petition in the interest of justice." 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 and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No.5 to the present application. 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 No. 44/2024, State versus Rahimuddin and others, arising out of F.I.R./Case Crime No.522/2022, Under Sections 323, 504, 506 I.P.C. P/S. Kothi, District Barabanki pending in the court of Learned Additional Chief Judicial Magistrate Court. No.17, Barabanki, shall appear and file the compromise before the concerned Court within four 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 four 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 eight weeks, no coercive action shall be taken against the applicants in the aforesaid case. Order Date :- 16.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench