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2025 DAILYLAW 119460 (ALL)

SMT. QAMAR JAHAN AND 6 OTHERS v. STATE OF U.P. THRU. ITS SECY. MINISTRY OF HOME AFFAIRS LKO. AND ANOTHER

/627/2025 · 2025-01-24

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4825 Court No. - 12 Case :- APPLICATION U/S 482 No. - 627 of 2025 Applicant :- Smt. Qamar Jahan And 6 Others Opposite Party :- State Of U.P. Thru. Its Secy. Ministry Of Home Affairs Lko. And Another Counsel for Applicant :- Ruved Kamal Kidwai,Radha Krishan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Narayan Dixit, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2, 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:- "i. To issue an order or directions for quashing the Charge sheet submitted by the Police of P.S. Hasanganj, Lucknow vide charge sheet No.01 dated 26.3.2018 filed in the FIR no.0333 of 2017 under section 147/323/504/506/452 I.P.C registered at P.S. Hasanganj, Lucknow bearing case no. 58548 of 2018 State Vs Mujeeb Beg and others now pending before Additional Chief judicial Magistrate, III, Lucknow as contained in Annexure no.1 to the application. ii. To issue an order or directions for staying the further proceedings of the criminal case number 58548 of 2018 under section 147/323/504/506/452 I.P.C (Case Crime No. 333 of 2017) PS Hasanganj, now pending before the court of Addl Chief Judicial Magistrate III Lucknow. iii. To issue an order or directions for quashing the proceedings of the criminal case number 58548 of 2018 (Case Crime No. 333 of 2017) under section 147/323/504/506/452 I.P.C PS Hasanganj, now pending before the court of Addl. Chief Judicial Magistrate III, Lucknow." 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.58548 of 2018, under section 147/323/504/506/452 I.P.C (Case Crime No.333 of 2017) PS Hasanganj, now pending before the court of Addl Chief Judicial Magistrate III 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