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2025 DAILYLAW 119609 (ALL)

SHABI AZIZ v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/660/2025 · 2025-01-24

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4922 Court No. - 12 Case :- APPLICATION U/S 482 No. - 660 of 2025 Applicant :- Shabi Aziz Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Surendra Kumar Yadav,Shobh Nath Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant, learned AGA for the State of U.P. as well as learned counsel for the opposite party No.2 and gone through the record. The present application under Section 482 Cr.P.C. 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/set aside the impugned charge sheet no. 01 of 2021 dated 04-12-2021 along with its entire proceeding bearing Criminal Case No. 58146 of 2022 (State of U.P. VS Shabi Aziz) including the summoning order dated 02-06-2022 relating to Case Crime No. 03 of 2021, U/S 498-A, 323, 504 I.P.C. & Section 3/4 D.P. Act Police Station- Hasanganj, District-Lucknow pending before Judicial Magistrate-Ist Lucknow, against the petitioner, on the basis of compromise dated 09- 11-2024 between the parties, in the interest of justice, which is contained in Annexure No. 1 & 2 to this petition, in the interest of justice." Learned counsel for the applicant 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.6 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. 58146 of 2022 (State of U.P. Vs. Shabi Aziz), arising out of Case Crime No. 03 of 2021, U/S 498-A, 323, 504 I.P.C. & Section 3/4 D.P. Act, Police Station- Hasanganj, District-Lucknow, pending before Judicial Magistrate-Ist, 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 applicant to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise 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 :- 24.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench