AZHAR ALI AND 7 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
A482/7901/2025 · 2025-09-17
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157572 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157572 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7901 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Shri Neetu Patel, Advocate has put in appearance by filing Vakalatnama on behalf of opposite party no.2, the same is taken on record.
2. Heard learned counsel for the applicants, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the record.
3. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following relief:-
"Wherefore it is most respectfully prayed that this Hon'ble Court may graciously be please to quash the charge sheet dated 03.03.2021 contained as Annexure No.7 arising out of F.I.R. No. 566/2020 U/s 147, 148, 336, 323 I.P.C. r/w 30 Arms Act lodged at Police Station Sarojini Nagar, District Lucknow by setting aside the summoning order dated 31-07-2023 in the interest of justice which is contained as Annexure No.8."
4. 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 under some misunderstanding, the present F.I.R. has been lodged against the applicants and thereafter, the parties have amicably settled their dispute. The compromise deed has been reduced in writing on 06.08.2025, which has been annexed as annexure no. 9 to this application. He submits that now there is no grievance in between the parties 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. Versus Counsel for Applicant(s) : Diwakar Prasad Sharma Counsel for Opposite Party(s) : G.A., Neetu Patel Azhar Ali And 7 Others .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s)
5. On the other hand, learned counsel appearing for the opposite parties has supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably while executing a compromise deed and there is no further grievance of the opposite parties against the present applicants, therefore, the criminal proceedings instituted against the applicants may be dropped.
6. Learned A.G.A. appearing for the State has no objection to the
contentions aforesaid.
7. 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.
8. 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.
9. 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.
10. For a period of three months, the criminal proceedings initiated in pursuance of the F.I.R./ Case Crime No. 566/2020 U/s 147, 148, 336, 323 I.P.C. r/w 30 Arms Act, Police Station Sarojini Nagar, District Lucknow, shall remain stayed so far as applicants are concerned.
11. The trial Court is directed to examine the fact that whether all the parties against whom the chargesheet was filed, the party in the compromise and in this respect, it shall also sent a report along with the verification order.
12. Office is directed to return the original compromise deed to the
learned counsel for the applicants, if any, after taking the photocopy of the same. September 17, 2025 Mohd. Sharif A482 No. 7901 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench