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2025 DAILYLAW 159496 (ALL)

FAHEEM AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/6903/2025 · 2025-08-25

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 6903 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Sri Mohd. Vakar Khan, Advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2 and the same is taken on record. 2. Heard, learned counsel for the applicants, Sri Mohd. Vakar Khan, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the record. 3. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire criminal proceedings of impugned charge sheet dated 16.09.2019, arising out of Case Crime No.381, 2019, under Sections- 307, 386, 342, 323, 504 & 506 IPC, Police Station- Hasanganj, District- Lucknow as well as the impugned summoning order dated 23.10.2019 passed by the learned Judicial Magistrate-II, Lucknow in Criminal Case No.80661 of 2019 (State Vs. Ahsan Gazi @ Zeeshan & others) as well as the Sessions Case No.1490 of 2022 (State Vs. Ahsan Gazi @ Zeeshan & Others) pending before the learned Additional District Judge/Special Judge (Ayurved Scam), Lucknow. 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 due to some misunderstanding, the Versus Counsel for Applicant(s) : Mohd. Imran Khan Counsel for Opposite Party(s) : G.A. Faheem And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) instant F.I.R. has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 06.08.2025, which has been annexed as SA-1 of 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. 5. On the other hand, learned counsel appearing for the opposite party no. 2 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. 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 proceedings initiated in A482 No. 6903 of 2025 2 pursuance of the summoning order, dated 23.10.2019, passed by the learned Judicial Magistrate-II, Lucknow, in Session Case No. 1490 of 2022, arising out of Case Crime No. 381 of 2019, under Sections 307, 386, 342, 323, 504 & 506 I.P.C., Police Station- Hasanganj, District-Lucknow, shall remain stayed so far as present applicants, namely Faheem, Mohammad Zeeshan @ Ahmshah Gazi @ Zeeshan and Alok Mishra are concerned. 11. 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. 12. Office is directed to return back both the compromise deeds dated 06.08.2025 to learned counsel for the applicants within a week. August 25, 2025 Haseen U. A482 No. 6903 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench