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2025 DAILYLAW 152032 (ALL)

IMRAN @ RAJU AND 3 OTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

/6917/2024 · 2025-09-23

Shree Prakash Singh

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 6917 of 2024 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicants, Shri Akram Parvez Siddiqui, learned counsel for opposite party no.2, as well as learned A.G.A. for the State and perused the record. 2. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet filed in Case Crime No.0130/2022, under Sections 498-A, 323, 504 and 506 IPC read with Section 3/4 D.P. Act lodged at Police Station Mahila Thana, District Lucknow and to quash the cognizance/summoning order dated 09.11.2023 passed in Criminal Case No.23377/2023, arising out of the aforesaid case crime number, pending in the court of learned Civil Judge (J.D.), Fast Track Court, Crime Against Women, Lucknow on the ground that the parties have arrived at a settlement/compromise dated 24.07.2025 appended with the supplementary affidavit dated 21.08.2025. 3. 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 lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 24.07.2025, original copy of which has been annexed along with the supplementary affidavit dated 21.08.2025 filed on behalf of opposite party no. 2. 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 Versus Counsel for Applicant(s) : Gibran Akhtar Khan Counsel for Opposite Party(s) : G.A., Akram Parvez Siddiqui, Aslam Javed Siddiqui Imran @ Raju And 3 Other .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Opposite Party(s) be quashed. 4. On the other hand, learned counsel appearing for the opposite party no. 2 has supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably through the 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. 5. Learned A.G.A. appearing for the State has no objection to the contentions aforesaid. 6. Now 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 trial Court. 7. 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. 8. 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 approach this Court again for quashing of the proceedings. 9. For a period of three months, the further proceedings, arising out of Case Crime No.0130/2022, under Sections 498-A, 323, 504 and 506 IPC read with Section 3/4 D.P. Act lodged at Police Station Mahila Thana, District Lucknow, shall remain stayed, so far as present applicants are concerned. 10. 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. 11. The applicants are directed to produce the original compromise deed before the learned trial Court. 12. Office is directed to return the original compromise deed appended with the supplementary affidavit dated 21.08.2025 filed on behalf of the opposite party no. 2 to the applicants within a week. (Shree Prakash Singh,J.) September 23, 2025 MVS/- A482 No. 6917 of 2024 2 Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench