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2025 DAILYLAW 119366 (ALL)

SAHIDUL ISLAM AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. HOME LKO. AND 2 OTHERS

/625/2025 · 2025-01-24

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4853 Court No. - 12 Case :- APPLICATION U/S 482 No. - 625 of 2025 Applicant :- Sahidul Islam And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Home Lko. And 2 Others Counsel for Applicant :- Atul Kumar Pathak,Avinash Tiwari,Shivam Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Chandan Tiwari, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party nos. 2 and 3, 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:- "1. For the facts, reasons and circumstances as stated in the accompanying petition, which is duly supported by an affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the the summoning/cognizance dated 27.11.2024 passed by Learned Additional Chief Judicial Magistrate, III, Court No.27, Lucknow in Criminal Case No.113140/2024 "State Vs. Sanjibul Huk and others" in pursuant to the Charge sheet filed under section 147, 323, 354, 354 (Kha), 506, 504 I.P.C. in FIR No.596 of 2022 related at Police Station Chinhat, District- Lucknow East (Commissionerate Lucknow) as well as to quash Charge sheet dated 07.08.2022 allegedly filed against the applicants under section 147, 323, 354, 354 (Kha), 506, 504 I.P.C., in respect of FIR No.596 of 2022 related to Police Station Chinhat, District Lucknow East (Commissionerate Lucknow), on the basis of compromise deed dated 16.01.2025, in the interest of justice. (contained as Annexure No.1 & 2, respectively) It is further prayed that this Hon'ble court may kindly be pleased to quash the entire criminal proceedings of Criminal Case No. 113140/2024 "State Vs. Sanjibul Huk and others" pending in the court of Learned Additional Chief Judicial Magistrate, III, Court No.27, Lucknow arising out of charge sheet dated 07.08.2022 under section 147, 323, 354, 354 (Kha), 506, 504 I.P.C., in respect of the FIR No.596 of 2022 related to Police Station Chinhat, District - Lucknow East (Commissionerate Lucknow), on the basis of compromise deed dated 16.01.2025 and/or pass such others which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, so far as it relates to the applicants. Further, it is also prayed that during the pendency of the present petition, further criminal proceedings in the Criminal Case No.113140/2024 "State Vs. Sanjibul Huk and others" arising out of Charge sheet dated 07.08.2022 filed under section 147, 323, 354, 354 (Kha), 506, 504 I.P.C., in respect of FIR No.596 of 2022 related at Police Station Chinhat, District Lucknow East (Commissionerate Lucknow) may kindly be stayed in respect of the applicants. It is further prayed that during the pendency of the present petition, the Learned Court below may be directed to not to take any coercive measures against the applicants, during pendency of the present application before this Hon'ble Court." 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.4 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.Criminal Case No.113140/2024 "State Vs. Sanjibul Huk and others" arising out of Charge sheet dated 07.08.2022 filed under section 147, 323, 354, 354 (Kha), 506, 504 I.P.C., in respect of FIR No.596 of 2022 related at Police Station Chinhat, District Lucknow East (Commissionerate Lucknow), 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 :- 24.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench