ISHTIYAK KURESHI ALIAS ISHTIYAK AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER
A482/1722/2025 · 2025-02-27
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125283 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125283 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:11805 Court No. - 16 Case :- APPLICATION U/S 482 No. - 1722 of 2025 Applicant :- Ishtiyak Kureshi Alias Ishtiyak And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Iqbal Ali Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioners, learned A.G.A. for the State and Shri Abhinav Singh, Advocate who has filed Vakalatnama on behalf of respondent no.2, which is taken on record. This petition has been filed by the petitioners for quashing of the entire proceedings of Complaint Case No.1196 of 2019 dated 15.11.2008 under Section 323, 354, 392, 452, 504, 506 IPC, Police Station Mitauli, District Kheri including order of cognizance and summoning order dated 27.1.2009 passed by learned Additional Chief Judicial Magistrate, Court No. I, Kheri in Case No.1196 of 2019.
Learned counsel for the petitioners submits that dispute between the parties have been amicably settled outside the court by way of compromise. The original copy of the compromise deed dated 27.1.2025 is on record as Annexure-3 to the petition.
Learned counsel appearing for respondent no.2 does not dispute the above facts rather he concedes the same. It is jointly prayed by the parties' counsel that on the basis of compromise the proceedings impugned are liable to be quashed. Learned A.G.A. has no objection, however, he submits that it will be appropriate that compromise is verified first by the competent court and only then any further orders may be passed. On due consideration of the arguments advanced by the parties' counsel and
perusal of the record and considering the law laid down by Hon'ble Supreme Court of India in the case of Gian Singh vs. State of Punjab, 2012 AIR SCW 5333, the petition is disposed of directing the parties to appear before the learned trial court on 17.3.2025 for verification of the compromise dated 27.1.2025. Learned trial court shall verify the contents of the compromise in the presence of parties within a period of one week thereafter and provide a copy of verification report to the parties. The proceedings impugned (supra) shall be kept in abeyance for the period of two months from today. It will be open for the petitioners to approach this Court again for quashing of the proceedings by filing a fresh petition along with verification report given by the learned trial court and also the compromise entered between the parties. Original copy of compromise dated 27.1.2025 be returned to the learned counsel for petitioners as per Rules of Court.
Order Date :- 27.2.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench