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2025 DAILYLAW 124604 (ALL)

FAHAD HASAN AND ANOTHER v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND ANOTHER

A482/1583/2025 · 2025-02-21

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11275 Court No. - 18 Case :- APPLICATION U/S 482 No. - 1583 of 2025 Applicant :- Fahad Hasan And Another Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And Another Counsel for Applicant :- Bhupendra Nath Tripathi Counsel for Opposite Party :- G.A.,Amit Sharma,Naved Alam Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicants, learned Additional Government Government for the State, learned counsel appearing on behalf of the complainant and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge-sheet dated 26.03.2022, cognizance / summoning order dated 30.05.2022 and proceedings of Criminal Case No. 124755 of 2022 arising out of Case Crime No. 0039 of 2022, under Sections 323, 504, 506 I.P.C., Police Station Aminabad, District Lucknow pending in the court of Judicial Magistrate-IIIrd, Lucknow. It is argued by learned counsel for the applicants that the opposite party no. 2 has lodged a first information report on 14.03.2022 against the applicants, namely, Fahad Hasan and Maaz Hasan, in which after culmination of investigation, charge- sheet has been submitted on 26.03.2022, on which the concerned court below took cognizance and summoned the applicants on 30.05.2022 to face trial. Thereafter, the parties concerned have settled their dispute outside the court and a compromise deed has also been executed between them on 09.12.2024, which has been brought on record as Annexure No. 4 to the affidavit. It is submitted that no compromise application has yet been filed before the concerned Court below, where criminal proceeding is pending against the applicants and requested to allow the applicants to move compromise application before the concerned Court below. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below, as such said compromise has to be duly verified in presence of the parties concerned before the Court. On the request made by learned counsel for the applicants three weeks' time is allowed to the applicants to file compromise application before the concerned Court below. Accordingly, the court concerned Court below is directed that in case such compromise application is filed by the applicants before it within aforesaid period, it shall issue notices to all the signatories to the compromise 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. Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case. With the aforesaid directions the application stands disposed of. Office is directed to return the original copy of compromise application to the counsel for the applicants within three days. Order Date :- 21.2.2025 saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad, Lucknow Bench