ABDUL RASHID KHAN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
A482/2271/2025 · 2025-03-11
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127994 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127994 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:14966 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2271 of 2025 Applicant :- Abdul Rashid Khan And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Rakesh Kumar Nayak Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Alok Singh, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party nos. 2 to 4, which is taken on record. Heard learned counsel for the applicants, learned AGA for the State as well as learned counsel for the opposite party Nos.2 to 4 and gone through the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief:-
"The applicants above named most respectfully begs to submit that for the
facts, reasons and circumstances as stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the proceeding of Session Trail No. 43/2016 State Vs. Abdul Rashid & Another, Case Crime No. 14/2015, Under Sections 147, 148, 149, 323, 307 I.P.C. and Chargesheet no.19 of 2015 dated 23.04.2015, Police Station -Bewana, District Ambedkar Nagar, in the interest of justice." It is stated that according to the F.I.R. lodged by the opposite party No.2 Mohd. Waseem, at Police Station Bewana, District Ambedkar nagar, on 18.03.2015 as F.I.R. No.0014 of 2015, under Section 147, 148, 149, 323, 307 I.P.C., the applicants namely Abdul Rashid Khan and Khurshid Ahmad as also one Shafiq and one unknown person committed the crime. According to the F.I.R. Shafiq opened fire with rivolver and Khursheed opened fire with country made pistol (Katta) of 0.315 Bore. The F.I.R. as also the injury report on record as Annexure No.4 would indicate that no firearm injury was sustained to the opposite party No.2 and the injury which were sustained by the injured persons were simple in nature and could be caused by hard and blunt object. It is stated that the altercation took place between the parties on account of some trivial dispute/petty dispute and therefore the F.I.R. in question was lodged and the dispute which is the main cause of the pending proceedings has now been settled between
the parties and they have entered into a compromise as would appear from the deed of compromise, annexed as Annexure No.1, duly signed by the applicants and the opposite parties. 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, this application is disposed of finally in following terms:- (i) The parties to the proceedings, i.e. Session Trail No.43/2016 (State Vs. Abdul Rashid & Another), arising out of Case Crime No.0014/2015, Under Sections 147, 148, 149, 323, 307 I.P.C., Police Station -Bewana, District Ambedkar Nagar, shall appear and file the compromise before the concerned Court within four weeks 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 applicants to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise 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 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench