NAUSHAD @ MOHD. NAUSHAD AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME, U.P. LUCKNOW AND ANOTHER
A482/7813/2023 · 2025-01-16
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154154 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154154 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:2860 Court No. - 12 Case :- APPLICATION U/S 482 No. - 7813 of 2023 Applicant :- Naushad @ Mohd. Naushad And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, U.P. Lucknow And Another Counsel for Applicant :- Arun Kumar,Smt. Ranjana Tiwari,Vimal Kishor Singh Counsel for Opposite Party :- G.A.,Abhishek Srivastava Hon'ble Saurabh Lavania,J. Sri Ahmad Hasan Idrisi, Advocate alongwith Sri Premkant, Advocate, has put in appearance for the private opposite party No. 2 and has filed his Vakalatnama, which is taken on record. Heard learned counsel for the parties and perused the record. Instant application has been preferred by the applicant(s) for the following main relief(s):-
"Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the impugned summoning order dated 3.9.2022 issued by Incharge special chief Judicial Magistrate, Lucknow in case no.87307/2022, State Vs. Naushad and others arising out of case crime no. 236/2021, under section 498-A,323,504,506 I.P.C. and 3/4 D.P. Act, P. S-Aliganj, Distt. Lucknow, as well as bailable warrant dated 15.7.2023, issued by the Additional chief judicial Magistrate-II, Lucknow, as well as impugned chargesheet no.01/2022 dated 30.3.2022, alongwith the entire criminal proceedings of the aforesaid case pending before the concerned magistrate, as contained in Annexure no. 1 and 2 to this petition in the interest of justice."
Learned counsel for the applicant(s) 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. 1 to the application filed by the applicants for disposal of the instant application under Section 482 Cr.P.C. 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. 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. 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 week's 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 week's 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(s) 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(s), 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(s) in the aforesaid case.
Order Date :- 16.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench