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2025 DAILYLAW 125044 (ALL)

ASMA SIDDIQUI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

A482/1754/2025 · 2025-03-04

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13130 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1754 of 2025 Applicant :- Asma Siddiqui Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Mahmood Alam,Akil Imam Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Mayank Dwivedi and Sri Syed Saad Anwar, learned Advocates has filed their Vakalatnama on behalf of opposite party no.3, which is taken on record. Heard learned counsel for the applicant, learned Counsel for the opposite party no.3, learned AGA for the State and perused the record. The instant application has been filed for the following main relief:- "(i) Issue an order or direction for quashing the entire proceedings vide Case No. 44892/2018 arising out of Chargesheet No. 01/2018 dated 05-05-2018 viz. Case Crime No. 0207/2018 Under Section 504, 506 I.P.C read with section 67 Information and Technology Act, related to Police Station Hazrat Ganj, District Lucknow, and its order of Cognizance dated 23-07-2018 which is pending before the Hon'ble Court of Special Chief Judicial Magistrate (Custom), Lucknow, whose certified copy is accordingly annexed as Annexure no. 1 & 2 respectively to this Application on the basis of the deed of compromise which has been appended as Annexure No. 4 to this Application. (ii) Issue an order or direction for staying the the entire proceedings vide Case No. 44892/2018 arising out of Chargesheet No. 01/2018 dated 05-05-2018 viz. Case Crime No. 0207/2018 Under Section 504, 506 I.P.C read with section 67 Information and Technology Act, related to Police Station Hazrat Ganj, District Lucknow, which is pending before the Hon'ble Court of Special Chief Judicial Magistrate (Custom), Lucknow during pendency of this Application, in the interest of justice." Learned counsel for the applicant submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise. 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, the instant application is disposed of finally in following terms:- (i) The parties to the proceedings i.e. Case Crime No. 0207/2018 (supra), shall appear before the concerned Court within six weeks' from today and file the compromise. (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 weeks' 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 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, 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 in the aforesaid case. Order Date :- 4.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench