AKRAM ALIAS MOHD. KHALID AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. U.P. GOVT. LKO. AND ANOTHER
A482/498/2025 · 2025-01-21
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118688 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118688 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:3603 Court No. - 12 Case :- APPLICATION U/S 482 No. - 498 of 2025 Applicant :- Akram Alias Mohd. Khalid And Another Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. U.P. Govt. Lko. And Another Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard. The instant application has been filed for the following main relief:-
"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding in Case no. 28615/2023 Crime no. 195/2022 U/s 323/504/506 IPC Police Station Chowk, District Lucknow styled as State... Vs.... AAkram alias Mohd. Khalid and others as well as impugned summoning order dated 23.3.2023 and charge sheet dated 23.8.2022 as contained in Annexure no. 1 and 2 to this petition."
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 no. 28615/2023, (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) 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