MOHAMMAD AQIL AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO. AND ANOTHER
/634/2025 · 2025-01-24
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119578 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119578 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:4725 Court No. - 12 Case :- APPLICATION U/S 482 No. - 634 of 2025 Applicant :- Mohammad Aqil And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Another Counsel for Applicant :- Abhishek Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Shravan Kumar Singh and Sri Rajeev Kumar, learned Advocates have filed their 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:-
"It is, therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned proceedings of Case No. 95020 of 2024; State Vs. Mohd. Aqil & Anr. pending in the Ld.. Court of Judicial Magistrate-Ist/A.T.S, Lucknow arises from First Information Report dated 27-04-2024 bearing FIR No. 072/2024; U / s 147, 323, 504, 506 1. P. C. P. S. Saadatganj, District Lucknow, against the petitioners on the basis of compromise/settlement dated 02-12-2024 duly verified by the Ld. Court of JM-1st/ATS, Lucknow vide order dated 07-01- 2025 in pursuance of the order dated 12-12-2024 passed by the Hon'ble High Court, Lucknow in Appl. U / s 482 No. 11310/2024; Mohd. Aqeel & Ors. Vs. State of U. P. & Anr.; in the interest of 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. Case No. 95020 of 2024 (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 :- 24.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench