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2025 DAILYLAW 123388 (ALL)

MUNNA ALIAS MOHAMMAD ISLAM AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NA528/109/2025 · 2025-02-14

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9751 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 109 of 2025 Applicant :- Munna Alias Mohammad Islam And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ajay Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Dushyant Singh, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2, which is taken on record. Heard learned counsel for the applicant(s), 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 be pleased to quash Charge sheet No. 01 dated 26.10.2024 filed by the police of P.S Satrikh, District Barabanki in respect of F.I.R NO. 0432 OF 2024 U/S 115[2], 352, 351[3] BNS and 3[1] [Da] Dha], 3 [2] [va] S.C.S.T. Act P.S. Satrikh District Barabanki as contained in ANNEXURE NO. 1 to this petition and also quash the entire proceedings of Special Case No. 143 OF 2025 State Versus Munna alias Mohammad Islam and others pending before the Special Judge S.C.S.T Act Barabanki and allow the instant petition in terms of compromise contained in ANNEXURE NO. 3 to this petition in the interest of justice." Learned counsel for the applicant(s) 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.3 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. Special Case No.143 OF 2025, State Versus Munna alias Mohammad Islam and others, arising out of F.I.R NO. 0432 OF 2024, U/S 115[2], 352, 351[3] BNS and 3[1] [Da] Dha], 3 [2] [va] S.C.S.T. Act P.S. Satrikh District Barabanki, 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(s) to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise 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 :- 14.2.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench