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2025 DAILYLAW 122279 (ALL)

SIBIYAN ALIAS MOHD. SHADMAN KHAN AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

A482/1212/2025 · 2025-02-10

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8318 Court No. - 17 Case :- APPLICATION U/S 482 No. - 1212 of 2025 Applicant :- Sibiyan Alias Mohd. Shadman Khan And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Shadab Haider Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Vakalatnama filed by Shri Arun Kumar, Advocate on behalf of opposite party no. 2 is taken on record. 2. Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record. 3. The instant application has been filed for quashing the impugned summoning order dated 25.09.2019 issued by Special Additional Chief Judicial Magistrate, CBI (A.P.) Lucknow, in Case No. 79817/2019, State Vs. Sibiyan & others, arising out of Case Crime No. 271/2018, under section 147,323,452,504,506 I.P.C. Police Station- Thakurganj, District-Lucknow, and impugned charge sheet no. 01/2018, dated 23.04.2018 alongwith entire criminal proceeding of the aforesaid case pending before Additional Civil Judge (Senior Division) Court No.24, Lucknow. 4. Learned counsel for the applicants submits that both the parties have amicably settled their dispute through compromise. The compromise deed dated 10.01.2025, duly signed by the parties, is annexed as Annexure No. 4 to the application. 5. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned as such compromise has to be duly verified in presence of the parties concerned before the Court. 6. Considering the aforesaid, this application is disposed of finally in following terms:- (i) The parties to the proceedings i.e. Case No. 79817/2019, State Vs. Sibiyan & others, arising out of Case Crime No. 271/2018, under section 147,323,452,504,506 I.P.C. Police Station-Thakurganj, District-Lucknow, pending before the Court of Special Additional Chief Judicial Magistrate, CBI (A.P.) Lucknow, shall appear and file the compromise before the summoning Court within four week's from today. (ii) If the parties appear before the summoning 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) OfÏce 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 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench