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2025 DAILYLAW 146299 (ALL)

MOHD. IMTIYAZ and OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME. LKO and ANOTHER

A482/5632/2021 · 2025-01-22

Saurabh Lavania

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:4248 Court No. - 12 Case :- APPLICATION U/S 482 No. - 5632 of 2021 Applicant :- Mohd. Imtiyaz And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home. Lko And Another Counsel for Applicant :- Jaskaran Lal Maurya Counsel for Opposite Party :- G.A.,Dharmendra Kumar Gupta,Santosh Kumar Tripathi Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the applicant(s), learned counsel for opposite party no.2, learned AGA for the State and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set-aside the entire criminal proceeding initiated against the petitioners in pursuance of the impugned summoning order dated 25.4.2019 passed by learned Additional Chief Judicial Magistrate, Court No 13. Raebareli in Complaint Case No.738/2017 (Shaheen Bano Versus Imtiyaz & Others) under sections 323, 504, 506, 498A IPC & Section 4 Dowry Prohibition Act, pertaining to Police Station Deeh, District Raebareli, as contained in Annexure No.1 to this Petition. It is further prayed that this Hon'ble court may kindly be pleased to stay the further proceeding initiated in pursuance of the impugned summoning order dated 25.4.2019 passed by learned Additional Chief Judicial Magistrate, Court No.13, Raebareli in Complaint Case No.738/2017 (Shaheen Bano Versus Imtiyaz & Others) under sections 323, 504, 506, 498A IPC & Section 4 Dowry Prohibition Act, pertaining to Police Station Deeh, District Raebareli, during pendency of the instant petition in the interest of justice." 3. Learned counsel for the applicant(s) 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.S.A.2 to the supplementary affidavit. 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. 4. 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. 5. 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 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) Office is directed to provide original compromise, if any, to the counsel for the applicant(s), 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 applicant(s) in the aforesaid case. Order Date :- 22.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench