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2025 DAILYLAW 123419 (ALL)

MOHD. MOBEEN @ MOBEEN AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME CIVIL SECTT. LKO AND ANOTHER

A482/1424/2025 · 2025-02-14

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9754 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1424 of 2025 Applicant :- Mohd. Mobeen @ Mobeen And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko And Another Counsel for Applicant :- Mohd.Anas Siddiqui,Firoz Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant(s), learned AGA for the State of U.P. 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 kindly be pleased to quash the impugned charge sheet dated 28.07.2018 arising out of Case Crime No. 11/2018, under sections 498A, 323, 506 IPC & Section 3/4 Dowry Prohibition Act, 1961 pertaining to Police Station - Kotwali Nagar, District Gonda as well as the impugned summoning order dated 03.12.2018 passed by the learned Chief Judicial Magistrate, Gonda in Criminal Case 515/2019 [State Versus Mohd. Mobeen & others] including the entire consequential proceedings thereof in terms of compromise, presently pending before the learned Civil Judge (J.D.)/F.T.C. 1st, Gonda in terms of compromise dated 06.02.2025, as contained in Annexure No.1&2 to this application." 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.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. Criminal Case No.515/2019 [State Versus Mohd. Mobeen & others] arising out of Case Crime No.11/2018, under sections 498A, 323, 506 IPC & Section 3/4 Dowry Prohibition Act, 1961, pertaining to Police Station - Kotwali Nagar, District Gonda, 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