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2025 DAILYLAW 129640 (ALL)

SANA AZAM AND 3 OTHERS v. THE STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/2522/2025 · 2025-08-27

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 2522 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Short-counter affidavit along with Vakalatnama filed by Sri Mohd. Faizan, Advocate for the private opposite party no. 2 is taken on record. Heard learned counsel for the applicant(s), learned AGA for the State and learned counsel for the private-opposite party. Instant application under Section 482 Cr.P.C./Section 528 Bharatiya Nagarik Suraksha Sanhita (in short "BNSS") has been filed seeking following main relief :- "to quash the summoning order dated 01.08.2017 in Complaint Case No.1317/2016 (Ajmal Beg Versus Sana Azam and other), also to quash the entire proceeding of Complaint Case No.1317/2016 (Azmal Beg Versus Sana Azam and other), pending before learned Additional Chief Judicial Magistrate - Ist, Lucknow Under section- 406, 504, 506 of IPC at Police Station- Gudamba, District- Lucknow on the basis of compromise, so far it relates to the applicants." It is 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. 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 in issue 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 Versus Counsel for Applicant(s) : Abdul Wazay Counsel for Opposite Party(s) : G.A. Sana Azam And 3 Others .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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 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) For a period of eight weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case. August 27, 2025 Mohit Singh/- A482 No. 2522 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench