MOHD. REHAN SHADAB AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
/6373/2025 · 2025-08-05
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155953 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155953 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45683 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6373 of 2025 Applicant :- Mohd. Rehan Shadab And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Mohd.Areeb Siddiqui,Akil Imam Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Vakalatnama has been filed today by Sri Atul Kumar Verma, Advocate on behalf of opposite parties nos. 2 and 3, which is taken on record. Heard learned counsel for the applicants, Sri Atul Kumar Verma, learned counsel appearing for opposite parties nos. 2 and 3 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 dated 16.09.2023 and summoning order dated 12.07.2024 alongwith other consequential proceedings in Criminal Case No. 26389 of 2024; State Vs. Rehan and others, arising out of FIR No. 0694 of 2022, under Sections 342, 352, 366, 420, 504, 506 IPC, Police Station Kotwali Nagar, District Gonda, on the basis of compromise dated
23.07.2025.
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 FIR has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 23.07.2025, 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. On the other hand, learned counsel appearing for opposite parties nos. 2 and 3 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 criminal proceedings initiated in pursuance of Criminal Case No. 26389 of 2024; State Vs.
Rehan and others, arising out of FIR No. 0694 of 2022, under Sections 342, 352, 366, 420, 504, 506 IPC, Police Station Kotwali Nagar, District Gonda, 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 23.07.2025 to learned counsel for the applicants within a week.
Order Date :- 5.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench