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2025 DAILYLAW 154517 (ALL)

MOHD. ALEEM @ MO. ALEEM v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER

A482/6526/2025 · 2025-08-11

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46985 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6526 of 2025 Applicant :- Mohd. Aleem @ Mo. Aleem Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Adarsh Kumar Counsel for Opposite Party :- G.A.,Mohd. Chand Khan Hon'ble Shree Prakash Singh,J. Mr. Mohd. Chand Khan, Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2, which is taken on record. Heard learned counsel for the applicant, Mr. Mohd. Chand Khan, learned counsel appearing for opposite party no. 2 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 entire proceedings of Case No. 112961 of 2023; State Vs. Mohd. Aleem @ Mo. Aleem, arising out Case Crime No. 742 of 2019, under Sections 452, 324, 504 of IPC, Police Station Mohanlalganj, District Lucknow and summoning order dated 13.10.2023 passed by learned Addl. Chief Judicial Magistrate-III, Lucknow as well as chargesheet dated 12.03.2020. Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been implicated in the instant case. He next added that due to some misunderstanding, the instant FIR has been lodged against the applicant and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 02.05.2025, 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 applicant are the futile exercise as there is no fate of trial and that is amount to harassment of the applicant and thus, the criminal proceedings against the applicant 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 applicant 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 applicant and the criminal proceedings against the applicant 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 applicant to approach this Court again for quashing of the proceedings. For a period of three months, the criminal proceedings initiated in pursuance of Case No.112961 of 2023; State Vs. Mohd. Aleem @ Mo. Aleem, arising out Case Crime No. 742 of 2019, under Sections 452, 324, 504 of IPC, Police Station Mohanlalganj, District Lucknow, shall remain stayed, so far as present applicant is 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 02.05.2025 to learned counsel for the applicant within a week. Order Date :- 11.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench