MO. NAIM AND ANOTHER v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND ANOTHER
A482/5976/2025 · 2025-07-24
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153208 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153208 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:42756 Court No. - 29 Case :- APPLICATION U/S 482 No. - 5976 of 2025 Applicant :- Mo. Naim And Another Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And Another Counsel for Applicant :- Virendra Kumar Tripathi,Devendra Kumar,Jai Prakash Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Counter affidavit filed by Sri Sunil Kumar Singh, Advocate on behalf of complainant alongwith Vakalatnama which is taken on record. Heard learned counsel for the applicants, Sri Sunil Kumar Singh, learned counsel for opposite party no. 2/complainant and learned AGA for the State as well as perused the record. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the chargesheet No. 61/12, dated 02.06.2012 filed in Criminal Case No. 1865 of 2012, State of U.P. Vs. Mo. Naim and another, arising out of FIR No. 094 of 2012, under Sections 323, 352, 394, 427, 506 IPC, Police Station Hasanganj, District Lucknow as well as entire proceedings in pursuance thereof, pending in the court of learned Judicial Magistrate-Ist, Lucknow, in the light of compromise deed dated
20.05.2025.
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 20.05.2025, which has been annexed as Annexure No. 4 to the 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.
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 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. Learned AGA appearing for the State has no objection to the contentions aforesaid. 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. 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. 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. For a period of three months, the proceedings initiated in pursuance of chargesheet No. 61/12, dated 02.06.2012 filed in Criminal Case No. 1865 of 2012, State of U.P. Vs. Mo. Naim and another, arising out of FIR No. 094 of 2012, under Sections 323, 352, 394, 427, 506 IPC, Police Station Hasanganj, District Lucknow, shall remain stayed, so far as present applicants are concerned. 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. Office is directed to return back the original compromise deed dated 20.05.2025 to learned counsel for the applicants within a week.
Order Date :- 24.7.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench