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2025 DAILYLAW 128005 (ALL)

AASH MOHAMMAD AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/2257/2025 · 2025-03-11

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14670 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2257 of 2025 Applicant :- Aash Mohammad And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Shyamendra Singh,Tej Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Prem Narayan Tiwari, learned Advocate has filed his Vakalatnama on behalf of opposite party no.2, which is taken on record. Heard learned counsel for the applicants, learned Counsel for the opposite party no.2, learned AGA for the State and perused the record. The instant application has been filed for the following main relief:- "To quash the charge sheet dated 15/08/2014 of Case No-018101/2015 Crime no 972/2013 under section 498A, 323, 506 I.P.C & 3/4 D.P Act Police Station Thakurganj District Lucknow, and order of taking cognizance dated 08/04/2015 registering the case as criminal case no.018101/2015 and summoning the accused and the entire proceedings of criminal case no-018101/2015 Crime no 972/2013 under section 498A, 323, 506 I.P.C & 3/4 D.P Act Police Station Thakurganj District Lucknow (State of U.P versus Aash Mohamamd & Others), Presently pending in the court of Learned Additional Civil Judge (S.D) Ct No-24 District Lucknow Fix For 10/03/2025; on the basis of Mutual compromise dated 25/02/2025 as contained as Annexure No-1, 2 & 4 of this petition." 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. Crime no 972/2013 (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