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2025 DAILYLAW 145613 (ALL)

MERAJ AHMAD AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. LKO. AND 2 OTHERS

A482/4938/2025 · 2025-06-17

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35667 Court No. - 11 Case :- APPLICATION U/S 482 No. - 4938 of 2025 Applicant :- Meraj Ahmad And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. And 2 Others Counsel for Applicant :- Abdul Muquit Faridi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Sri Deepak Singh, Advocate filed Vakalatnama on behalf of complainant which is taken on record. 2. Heard learned counsel for the parties and perused the record. 3. The instant application has been filed for quashing the entire proceedings before the ACJM (AP) Lucknow in case no.27888 of 2020, State Vs. Musheer Ahmad & Others including charge sheet no.590/2019 dated 09.01.2020 filed in crime no.590 of 2019 u/s 498 A, 504, 506, 323 IPC, 3/ 4 D.P. Act, 3 / 4 Muslim Mahila (Vivah Par Adhikaro ki Suraksha) Adhiniyuam, 2019, police station - Ashiyana, Lucknow and impugned summoning order passed by ACJM (AP) Lucknow on the basis of compromise dated 02.06.2025 executed between applicants and opposite party no.2 which is filed with this petition as Annexure No.4. 4. Learned counsel for the applicants submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.4 to the application. 5. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned as such compromise has to be duly verified in presence of the parties concerned before the Court. 6. 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. 7. The court concerned 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. 8. For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case. 9. Office is directed to return the original compromise deed to the learned counsel for the applicants, after taking the photocopy of the same. Order Date :- 17.6.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench