SADIQ ALAM AND 4 OTHERS v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER
NA528/825/2025 · 2025-07-24
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152964 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152964 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:42733 Court No. - 29 Case :- APPLICATION U/S 528 BNSS No. - 825 of 2025 Applicant :- Sadiq Alam And 4 Others Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Dharam Pal Yadav,Rajeev Yadav Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
1. Sri Rahul Yadav, advocate, has put in appearance by way of filing vakalatnama on behalf of opposite party no. 2 and the same is taken on record. 2. Heard learned counsel for the applicants, Sri Sri Rahul Yadav, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the record. 3. The instant application has been filed with the prayer to quash the criminal proceedings of Case No. 36688/2025, under section 498A, 323, 504,506, I.P.C. & 3/4 D.P. Act, Police Station -Indra Nagar, District- Lucknow, arising out of chargesheet no. 01/2024, dated 01.12.2024, filed in pursuance to the F.I.R No. 306/2024, under section 498A, 323,504,506 I.P.C. & 3/4 D.P. Act, Police Station Indra Nagar, District- Lucknow as well as chargesheet mentioned above and the summoning order dated 09.04.2025. 4. 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 under 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 16.07.2025 which has been annexed as annexure no. 4 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. 5. On the other hand, learned counsel appearing for the opposite parties 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. 6. Learned A.G.A. appearing for the State has no objection to the contentions aforesaid. 7.
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. 8. 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. 9. 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. 10. For a period of three months, the proceedings initiated in pursuance of the Case No. 36688/2025 arising out of case crime no. 306 of 2024 under section 498A, 323, 504,506, I.P.C. & 3/4 D.P. Act, Police Station -Indra Nagar, District- Lucknow shall remain stayed so far as applicants are concerned. 11. The trial Court is directed to examine the fact that whether all the parties against whom the chargesheet was filed, the party in the compromise and in this respect, it shall also sent a report along with the verification order. 12. Office is directed to return the original compromise deed to the learned counsel for the applicants, if any, after taking the photocopy of the same. Order Date :- 24.7.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench