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2025 DAILYLAW 153422 (ALL)

KHURSHID AHMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECRETT. LKO. AND ANOTHER

A482/7675/2023 · 2025-03-10

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14573 Court No. - 12 Case :- APPLICATION U/S 482 No. - 7675 of 2023 Applicant :- Khurshid Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. And Another Counsel for Applicant :- Praveen Tripathi,Mukesh Kumar Sharma Counsel for Opposite Party :- G.A.,Sudha Pal,Vaibhav Mishra Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the parties and perused the material available on record. 2. The instant application has been filed seeking the following main reliefs:- "Wherefore it is most respectfully prayed that this Hon'ble Court be pleased to quash the charge sheet dated 12/05/2022 relating to Case Crime No.70/2022 under Section 323,504,506,352 IPC and Section 3(1)(r), 3(1)(s) and 3(2)(v-a) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Police Station Bazaar Shukl, District Amethi and summoning order dated 20/10/2022 passed in Case No. 1070/2022 State versus Khurshid Ahmad by Special Judge SC ST Act Sultanpur and as well entire criminal proceedings arising there from. It is further prayed that the proceedings of Case No. 1070/2022 State versus Khurshid Ahmad relating to Case Crime No.70/2022 under Section 323,504,506,352 IPC and Section 3(1)(r), 3(1)(s) and 3(2)(v-a) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Police Station Bazaar Shukl, District Amethi pending in the court of Special Judge SC ST Act Sultanpur be stayed during pendency of instant Petition." 3. It is 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.A-1 to the application for disposal. 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 weeks 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 weeks 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 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, 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 in the aforesaid case. Order Date :- 10.3.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench