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2025 DAILYLAW 122247 (ALL)

FAREED ALAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/1199/2025 · 2025-02-10

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8528 Court No. - 17 Case :- APPLICATION U/S 482 No. - 1199 of 2025 Applicant :- Fareed Alam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ziya Ahmad Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Shri Mohd. Asim , Advocate has filed his vakalatnama on behalf of respondent no. 2, which is taken on record. The present case has been filed under Section 482 Cr.P.C. now under Section 528 of B.N.S.S. with the following main reliefs:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned summoning order dated 22.09.2023 with respect to the petitioner passed in Misc. case no 13985/2023, state v chandshah and others passed by the L.d chief judicial magistrate, Ambedkarnagar and the charge sheet dated 20.06.2021 with respect to the petitioner u/sec. 147,323,504,506 IPC arising out of crime 77/2021 u/sec 147,323,504506 IPC police station Ibrahimpur district Ambedkarnagar ( as contained in Annexure No. P-3 and P-1 ) to this petition, as well as entire proceeding of Misc. case no. 13985/2023 in the interest of justice. As an interim measure it is prayed that this Hon'ble court may kindly be pleased to stay the implementation and operation of the order dated 22.09.2023 and entire proceeding of the session trial no. 13985/2023 during the pendency of the instant 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.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. Misc. case no 13985/2023, arising out of Case Crime No. 77/2021 under Sections 147,323,504, 506 IPC Police Station Ibrahimpur District Ambedkar Nagar, pending before the learned Chief Judicial Magistrate, Ambedkar Nagar 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 :- 10.2.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench