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2025 DAILYLAW 161501 (ALL)

MOHD. SHOIB ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/7359/2025 · 2025-09-02

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7359 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Ms. Ana Fatima, Advocate, has put in appearance by way of filing her Vakalatnama on behalf of opposite party no. 2 and the same is taken on record. 2. Heard learned counsel for the applicant, learned counsel for opposite party no.2, as well as 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 charge-sheet no.01/2016 dated 28.09.2016 filed in F.I.R. No.0181/2016, under Sections 507/384 IPC read with Section 67 I.T. Act lodged at Police Station Bazar Khala, District Lucknow, to quash the summoning order dated 27.10.2016 and entire proceedings, arising out of the aforesaid case crime number (State Vs. Mohd. Shoib Ali), pending in the Court of learned Special Chief Judicial Magistrate (Custom), Lucknow on the ground that the parties have arrived at a settlement/compromise. 4. 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 F.I.R. has been lodged against the applicant and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 22.08.2025, a copy of which has been annexed as Annexure-4 to the instant application. He next added that now there is no grievance in between the Versus Counsel for Applicant(s) : Arshad Jameel, Mohammad Naseem Counsel for Opposite Party(s) : G.A. Mohd. Shoib Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 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. 5. 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 the 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. 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 trial Court as such compromise has to be duly verified in presence of the parties concerned before the trial Court. 8. Accordingly, this application is disposed of with a direction to the trial 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 applicant to approach this Court again for quashing of the proceedings. 10. For a period of three months, the further proceedings, arising out of F.I.R. No.0181/2016, under Sections 507/384 IPC read with Section 67 I.T. Act lodged at Police Station Bazar Khala, District Lucknow, shall remain stayed, so far as present applicant is 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 A482 No. 7359 of 2025 2 order. 12. The applicant is directed to produce the original compromise deed dated 22.08.2025 before the learned trial Court. 13. Office is directed to return the original compromise deed, if any, to the applicant within a week. September 2, 2025 MVS/- A482 No. 7359 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench