MOHAMMAD IBRAR ALIAS MOHD. ABRAR ALIAS SABBU AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. U.P. GOVT. LKO. AND 2 OTHERS
A482/811/2025 · 2025-01-28
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119444 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119444 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:5406 Court No. - 12 Case :- APPLICATION U/S 482 No. - 811 of 2025 Applicant :- Mohammad Ibrar Alias Mohd. Abrar Alias Sabbu And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. U.P. Govt. Lko. And 2 Others Counsel for Applicant :- Anil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Dharmendra Pratap, 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 humble petitioners named above named, most respectfully begs to submit that for the fact, reason and circumstances as stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the entire proceedings as well as cognizance order dated 16/9/2022 (contained as annexure no 1 to this petition) of Criminal Case No. 1366/2022; "State Versus Mohammad Ibrar @ Mohd. Abrar @ Sabbu and others", as well as may kindly pleased to quash the impugned charge sheet no 163/2021 dated 17/8/2021 (contained as Annexure no 3 to this petition) arising out of Case Crime No. 155/2021, under sections-498A,323,506. I.P.C. and 3/4 D. P. Act relating to Police Station- Patranga, District- Faizabad/Ayodhya, having criminal case no 1366/2022, pending in the court of learned Civil Judge J. D. Seventh, Faizabad/Ayodhya, on the basis of the compromise in the interest of law and 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. Criminal Case No.1366/2022 (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 :- 28.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench