NIJAMUDDIN @ NIJAM AND 3 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME GOVT. OF U.P. LKO. AND ANOOTHER
A482/1348/2025 · 2025-02-13
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123261 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123261 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:9404 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1348 of 2025 Applicant :- Nijamuddin @ Nijam And 3 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Govt. Of U.P. Lko. And Anoother Counsel for Applicant :- Amit Tewari,Mithlesh Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Alok Kumar Singh, Advocate, has put in appearance for the private opposite party No. 2 and has filed his Vakalatnama, which is taken on record. Heard learned counsel for the parties and perused the record. Instant application has been preferred by the applicant(s) for the following main relief(s):-
"I. Pass an order or direction thereby quashing for quashing of the charge sheet dated 25.06.2023, concerning Case Crime No. 0138 of 2023, Under section- 323,504,506 IPC, against the petitioners, Police Station Itaunja, district Lucknow, as well as quashing of the impugned summoning order dated 09.02.2024, passed by the Learned Additional Chief Judicial Magistrate VIII, Court no.32 Lucknow in case no. 7534 of 2024 (pending in ACJM CBI AP Lucknow), parties state versus Nijamuddin @ Nijam and others., on the basis of amicable settlement with the opposite party no.2."
Learned counsel for the applicant(s) 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 in issue 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 two 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(s) 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 applicant(s), 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(s) in the aforesaid case.
Order Date :- 13.2.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench