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2025 DAILYLAW 123633 (ALL)

WASEEM RAZA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/1470/2025 · 2025-03-04

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12913 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1470 of 2025 Applicant :- Waseem Raza And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Julfikar Ahmad Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants, learned AGA for the State of U.P. and Sri Mahmood Alam, Advocate alongwith Sri Kumar Gaurav Srivastava, Advocate, who has filed his Vakalatnama on behalf of the opposite party No. 2 in the Court today, which is taken on record, as well as perused the record. Taking note of the facts stated in the affidavit filed in support of the amendment application, the same is allowed. Learned counsel for the applicants is permitted to carry out necessary amendment in the memo of the instant application during the course of the day. Instant application has been preferred by the applicant(s) for the following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the impugned charge sheet dated 14.04.2007 of Case Crime No. 115/2007 Under Section 452,504,506,323 I.P.C. Police Station Purakalandar District Faizabad/Ayodhya as well as entire proceeding of the Case No. 5239/2007, State Vs. Waseem Raza & others Pending in the court of A.C.J.M. First Faizabad by this Hon'ble court in the interest of justice." It is stated 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. 5 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 :- 4.3.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench