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2025 DAILYLAW 123652 (ALL)

MUJAHIR ALAM ANSARI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/1475/2025 · 2025-02-28

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12272 Court No. - 13 Case :- APPLICATION U/S 482 No. - 1475 of 2025 Applicant :- Mujahir Alam Ansari And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ashish Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Vakalatnama filed by Shri Amar Deep Mishra, Advocate on behalf of respondent no. 2 is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State, learned counsel appearing for respondent no. 2 and perused the record. 3. The present application has been filed with a prayer to quash the charge sheet dated 15.12.2023 as well as summoning order dated 21.02.2024 passed in Case No. 15518 of 2024 arising out of F.I.R. No. 357 of 2023, under Sections 498-A, 323, 504, 506 I.P.C., P.S. Gazipur, District Lucknow as well as its entire proceedings. 4. Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been arrived between them on 01.02.2025 (Original copy is appended 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 court below, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the court below itself. 6. Accordingly, the application is disposed of with direction to the court concerned that if any such compromise is filed before it, it shall issue notice to all its signatories requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. 7. For a period of two weeks, no coercive action shall be taken against the present applicants. 8. Registry is directed to hand over the original copy of the compromise to the learned counsel for the applicants after taking photocopy of the same. Order Date :- 28.2.2025 VKS Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench