MOHD. DANISH SIDDIQUI AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER
A482/2260/2025 · 2025-03-11
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127858 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127858 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:14689 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2260 of 2025 Applicant :- Mohd. Danish Siddiqui And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Manoj Kumar Dubey,Roopani Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Affidavit on behalf of opposite party no.2, which is taken on record. Heard. The instant application 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 proceeding of Criminal Case No. 83401/2023, State VS Danis siddiqui and others (FilingNo.98253/19.07.2023, Reg. No.83401/03.08.20 23 UPLKO40982632023 having charge sheet no 01/2023 dated 12.06.2023 u/s 498-A, 323,354,504,506, IPC and 3/4 D.P Act arises out from the First Information Report No. 0089 of 2023 under section 498-A, 323,354,377,504,506 and 3/4 D.P.Act wherein, on 31.07.2023 the cognizance has been taken and summoned the accused/applicants) pending in the court of the Additional Chief Judicial Magistrate-3rd. Lucknow in the interest of justice." It is 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. Criminal Case No. 83401/2023 (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 applicants 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 applicants, 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 applicants in the aforesaid case. Order Date :- 11.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench