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2025 DAILYLAW 118939 (ALL)

MOHAMMAD KAIFEE v. STATE OF U.P. THRU. SECY. HOME, LKO. AND ANOTHER

A482/526/2025 · 2025-01-21

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4219 Court No. - 12 Case :- APPLICATION U/S 482 No. - 526 of 2025 Applicant :- Mohammad Kaifee Opposite Party :- State Of U.P. Thru. Secy. Home, Lko. And Another Counsel for Applicant :- Rehan Ahmad Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Mohd. Zafar, learned Advocate has filed their Vakalatnama on behalf of opposite party no.2, which is taken on record. Heard learned counsel for the applicant, 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:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge sheet No.A-292/2019 dated 28-9-2019 u/s 323, 504, 506 I.P.C of P.S Kotwali Rudauli Distt Faizabad as well as entire criminal proceeding initiated thereon so far as it relates to the petitioner, State Vs. Mohd. Zishan & other, pending in the Court of learned C.J.M Faizabad as Case No.12947/2019, to secure the ends of justice & to prevent the abuse of the process of the Court." Learned counsel for the applicant 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.12947/2019 (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 applicant 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 applicant, 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 applicant in the aforesaid case. Order Date :- 21.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench