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2025 DAILYLAW 133517 (ALL)

MOHD. HASIM AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 2 OTHERS

A482/3144/2025 · 2025-09-10

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 3144 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Sri Shantanu Kumar, Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite parties no. 2 to 3 and the same is taken on record. Heard learned counsel for the applicants, learned counsel for opposite parties no. 2 to 3 learned A.G.A. for the State and perused the record. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Special Sessions Trial No. 606 of 2017 as well as Special Trial No. 648 of 2017; arising out of Case Crime No. 0609 of 2017 under Sections 308, 323, 504, 506 I.P.C. and Section 3(1)(10) of the S.C./S.T. Act, police station Madiyaon, ditrict Lucknow pending in the court of Special Judge (SC/ST), Lcknow as well as impugned Chargesheet no. 01/2017, dated 23.8.2017 and supplementary charge-sheet no. 02 of 2017 submitted against the applicants. 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 Versus Counsel for Applicant(s) : Dheerendra Kr. Agnihotri Counsel for Opposite Party(s) : G.A. Mohd. Hasim And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And 2 Others .....Opposite Party(s) lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 3.4.2025, which has been annexed as annexure no. 6 to the instant application. 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. On the other hand, learned counsel appearing for the opposite parties no. 2 to 3 has supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably through a 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. Learned A.G.A. appearing for the State has no objection to the contentions aforesaid. Now whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below as such compromise has to be duly verified in presence of the parties concerned before the Court. Accordingly, this application is disposed of with a direction to the 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. 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 A482 No. 3144 of 2025 2 approach this Court again for quashing of the proceedings. For a period of one month, the proceedings initiated in pursuance of the Special Sessions Trial No. 606 of 2017 as well as Special Trial No. 648 of 2017; arising out of Case Crime No. 0609 of 2017 under Sections 308, 323, 504, 506 I.P.C. and Section 3(1)(10) of the S.C./S.T. Act, police station Madiyaon, ditrict Lucknow pending in the court of Special Judge (SC/ST), Lcknow as well as impugned Chargesheet no. 01/2017, dated 23.8.2017 and supplementary charge-sheet no. 02 of 2017, shall remain stayed so far as present applicants are concerned. 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. September 10, 2025 kanhaiya A482 No. 3144 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench