MIRZA MOHAMMAD MOIED AND ANOTHER v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NA528/624/2025 · 2025-06-19
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146987 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146987 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:35912 Court No. - 11 Case :- APPLICATION U/S 528 BNSS No. - 624 of 2025 Applicant :- Mirza Mohammad Moied And Another Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Shiv S.E. Chitambar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Vakalatnama filed by Sri Prateek Rawat on behalf of opposite party no. 2 is taken on record. 2. Heard learned counsel for the applicants, learned counsel for opposite party no. 2 as well as learned A.G.A. for the State and perused the record. 3. The instant application has been filed for setting aside the entire criminal proceedings of Criminal Case NO. 47691 of 2025 arising out of charge-sheet dated 18.2.2025 filed in Case Crime No. 0617 of 2024 under Sections 318(4), 316(2), 352, 351(3) of BNS Act, 2023, Police Station Thakurganj, District Lucknow as well as cognizance order dated 9.5.2025passed by the Additional Chief Judicial Magistrate-V, Lucknow. 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. 5 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 :- 19.6.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench