PALU ALIAS MANSOOR AHMAD AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. (HOME) LKO. AND ANOTHER
A482/481/2025 · 2025-01-21
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118489 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118489 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:3589 Court No. - 12 Case :- APPLICATION U/S 482 No. - 481 of 2025 Applicant :- Palu Alias Mansoor Ahmad And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Lko. And Another Counsel for Applicant :- Naveen Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Shivam Pandey, learned Advocate has filed his Vakalatnama on behalf of opposite party no.2, which is taken on record. Heard learned counsel for the applicants, learned Counsel for the opposite party no.2, learned AGA for the State and perused the record. The instant application has been filed for the following main relief:-
"The petitioner named above most respectfully begs to submit that for the facts, reasons and circumstances stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the Charge-Sheet No. 01/2021, dated 19.06.2021, under sections - 323, 504, 506, 327, 188 I.P.C., & Section 51 Disaster Management Act, Police Station - Kotwali Nagar, District - Gonda, as well as summoning order dated 01.07.2022, passed by Learned Chief Judicial Magistrate, Gonda in CIS No. 26523/2022, 'State Vs Palu @ Mansoor Ahmad & others', pending before the Learned Chief Judicial Magistrate, Gonda, arising out of Case Crime No. 348/2021, under section 323, 504, 506, 327, 188 I.P.C., & Section 51 Disaster Management Act, Police Station Kotwali Nagar, District Gonda, on the basis of compromise dated 03.10.2024. It is further prayed that this Hon'ble Court may also kindly be pleased to stay the entire proceedings of the above noted Case bearing CIS No. 26523/2022, 'State Vs Palu @ Mansoor Ahmad & others', pending before the Learned Chief Judicial Magistrate, Gonda, in the interest of justice."
Learned counsel for the applicants 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, the instant application is disposed of finally in following terms:-
(i) The parties to the proceedings i.e. Case Crime No. 348/2021 (supra), shall appear before the concerned Court within six weeks from today and file the compromise. (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 weeks' 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, if any, 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 :- 21.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench