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2025 DAILYLAW 120569 (ALL)

SHAMSHAD @ MOHAMMAD SHAMSHAD AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/844/2025 · 2025-01-29

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6048 Court No. - 12 Case :- APPLICATION U/S 482 No. - 844 of 2025 Applicant :- Shamshad @ Mohammad Shamshad And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Mohd. Imran Khan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Mohd. Anas Siddiqui, 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:- "(i). to quash the impugned charge sheet dated 30.09.2022 arising out of Case Crime No. 168/2022, Under Sections 323, 324, 504 & 506 I.P.C., pertaining to Police Station-Saadatganj, District- Lucknow as well as the impugned cognizance/summoning order dated 16.12.2022 passed by the learned Special Additional Chief Judicial Magistrate, Court No-27, Lucknow in Criminal Case No. 646/2022 "State Vs. Shamshad & Others" including the entire consequential proceedings thereof, in terms of compromise dated 18.01.2025 presently pending before the leaned Judicial Magistrate (A.T.S.), Lucknow, as contained in Annexure No.1&2 to this application." 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. 646/2022 (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 :- 29.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench