MOHD. SHADAB AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/3063/2025 · 2025-04-11
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125108 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125108 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:21216 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3063 of 2025 Applicant :- Mohd. Shadab And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Deepak Kumar,Neeraj Kumar Counsel for Opposite Party :- G.A.,Mukesh Singh Hon'ble Alok Mathur,J.
1. Heard Sri Deepak Kumar, learned counsel for the applicants as well as learned Additional Government Advocate for the State of U.P. Vakalatnama has been filed by Sri Dilip Pandey, Advocate on behalf of opposite party no. 2, same is taken on record. 2. This petition has been filed by the applicants for quashing of the entire proceedings of Complaint Case No. 383 of 2015, arising out of Case Crime No. 0128 of 2014, under Sections 323, 504, 392 IPC, Police Station - Cantt., District - Lucknow, pending before Court of Judicial Magistrate, District - Lucknow, as well as summoning order dated 24.08.2015, passed in the aforesaid case, on the basis of settlement agreement dated 04.01.2025 (Annexed as Annexure No. 2 to the affidavit filed in support of application). 3. Learned counsel for the parties submit that parties have amicably compromised their dispute, therefore, the aforesaid case may be decided in terms of the compromise between the parties. 4. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below, as such compromise has to be duly verified in presence of the parties concerned before the Court below. 5. Accordingly, this petition is disposed of with a direction to the Court concerned that if any such compromise is filed before it, 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 parties to approach this Court again for quashing of the proceedings. 6. For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case. 7.
Original copy of compromise, if filed before this Court along with the present application, be returned to the learned counsel for applicants, as per Rules of the Court. 8. With aforesaid directions, the application stands disposed of. Order Date :- 11.4.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench