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2025 DAILYLAW 125750 (ALL)

IRFAN AHMAD ALIAS IRFAN AND 2 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/1847/2025 · 2025-03-03

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12742 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1847 of 2025 Applicant :- Irfan Ahmad Alias Irfan And 2 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Saurabh Kumar, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2, which is taken on record. Heard learned counsel for the applicant(s), learned AGA for the State as well as learned counsel for the opposite party No.2 and gone through the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Criminal Case No.6340 of 2024 (Old No.1486 of 2015); State Versus Irfan and others, arising out of Case Crime No.19 of 2015, under sections-387, 506 I.P.C. relating to the Police Station-Aliganj, District- Ambedkar Nagar, pending in the Court of learned Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Ambedkar Nagar, as well as impugned chargesheet no.19/15, dated 10.4.2015, submitted by the Investigating Officer against the petitioners, under sections-387, 506 I.P.C. in aforesaid case crime number, as contained in Annexure no.1 to the instant petition, in the light of compromise, attained between the parties, in the interest of law and justice." Learned counsel for the applicants has submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No.3 to the present application. Taking note of the aforesaid as also the allegations leveled by the opposite party No.2 in the F.I.R. registered as Case Crime No.19 of 2015, under sections-387, 506 I.P.C., relating to the Police Station-Aliganj, District- Ambedkar Nagar as also the contents of the settlement/compromise deed annexed as Annexure No.3 to the present application it transpires that the applicants and the opposite party No.2 were in construction business and both were in partnership and on account of some business/commercial dispute, the opposite party No.2 lodged the F.I.R., which is the basis of the criminal proceedings in issue and now the parties have settled the dispute. 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, this application is disposed of finally in following terms:- (i) The parties to the proceedings, i.e. Criminal Case No.6340 of 2024 (Old No.1486 of 2015); State Versus Irfan and others, arising out of Case Crime No.19 of 2015, under sections-387, 506 I.P.C. relating to the Police Station-Aliganj, District- Ambedkar Nagar, shall appear and file the compromise before the concerned Court within four week's from today. (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 four week's 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(s) to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise to the Counsel for the applicant(s), 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(s) in the aforesaid case. Order Date :- 3.3.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench