SMT. NAUREEN SIDDIQUI AND ANOTHER v. STATE OF U.P. THRU. HOME SECY. LKO. AND ANOTHER
A482/2490/2023 · 2025-08-20
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128400 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128400 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:49024 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2490 of 2023 Applicant :- Smt. Naureen Siddiqui And Another Opposite Party :- State Of U.P. Thru. Home Secy. Lko. And Another Counsel for Applicant :- Mohd. Muballi Gussalam Counsel for Opposite Party :- G.A.,Mihammad Kaleem,Sabih Ahmed Hon'ble Shree Prakash Singh,J.
1. Heard learned counsel for the parties and perused the record. 2. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the orders dated 30.10.2021, 21.10.2022 and 16.02.2023 passed by the learned Special Additional Chief Judicial Magistrate (C.B.I., A.P.), Lucknow in Case No.79234/2021, arising out of Case Crime No.0423/2019, under Sections 498-A, 323 and 506 IPC read with Section 3/4 D.P. Act lodged at Police Station Wazirganj, District Lucknow, to quash the charge-sheet no.1/2021 dated 11.09.2021 filed in the aforesaid case crime number and to quash the entire proceedings of Case No.79234/2021, pending in the Court of learned Special Additional Chief Judicial Magistrate (C.B.I.,A.P.), Lucknow on the ground that the parties have arrived at a settlement/compromise. 3. Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the instant case. He next added that due to some misunderstanding, the instant F.I.R. has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 11.08.2025, a copy of which has been annexed as Annexure-
SA-1 to the supplementary affidavit dated 12.08.2025 filed on behalf of the applicants. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicants are the futile exercise as there is no fate of trial and that is amount to harassment of the applicants and thus, the criminal proceedings against the applicants may be quashed. 4. On the other hand, learned counsel appearing for the opposite party no. 2 has supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably through the compromise deed and there is no further grievance of the opposite parties against the present applicants and the criminal proceedings against the applicants may be dropped. 5. Learned A.G.A. appearing for the State has no objection to the contentions aforesaid. 6.
Now 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 trial Court. 7. Accordingly, this application is disposed of with a direction to the trial Court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. 8. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be
open to the applicants to approach this Court again for quashing of the proceedings. 9. For a period of three months, the further proceedings of Case No.79234/2021, pending in the Court of learned Special Additional Chief Judicial Magistrate (C.B.I.,A.P.), Lucknow remain stayed, so far as present applicants are concerned. 10. The trial court is further directed for ensuring the fact that all the parties against whom the chargesheet was filed are present before the trial Court and a report with respect to this effect shall also be sent alongwith verification order. 11. The applicants are directed to produce the original compromise deed dated 11.08.2025 before the learned trial Court. 12. Office is directed to return the original compromise deed, if any, to the applicants within a week. 13. All the pending applications shall stand disposed of. . [Shree Prakash Singh, J.] Order Date :- 20.8.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench