SHAVEZ MIRZA v. STATE OF U.P. DEPTT. OF HOME THRU. PRIN. SECY . LKO. AND 3 OTHERS
A482/7852/2025 · 2025-09-24
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163392 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163392 (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. - 7852 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Vakalatnama filed by Sri Anshuman Shrivastava, learned counsel on behalf of the opposite party nos. 3 and 4 returnable at an early date. Heard learned counsel for the applicant, learned counsel for the opposite party nos. 3 and 4, learned A.G.A. for the State and perused the material placed on record. Instant application has been filed with the prayer to quash the entire proceedings of Case No.3957 of 2017 arising out of Case Crime No.199 of 2017, State of U.P. Vs. Shavez Mirza under Sections 307, 323, 504, 506 I.P.C. Police Station Saadatganj, District Lucknow pending before the Additio0nal District and Session Judge-13, Lucknow based on compromise dated 11.12.2024.
Learned counsel for the applicant, at the very outset, submits that along with other offences, Section 307 I.P.C. has also been charged whereas the nature of injuries is simple. He added that allegation is that the applicant dashed the head of the injured over the wall, thus, there is no intent to commit murder. He submits that his case is covered under the explanation given in clause 15.4 of the ratio of the
Judgment rendered in the case of State of Madhya Pradesh versus Laxmi Narayan and others, reported in (2019) 5 SCC 688. He further added that the parties have amicably compromised their Versus Counsel for Applicant(s) : Mohd. Murtaza Hasan Counsel for Opposite Party(s) : G.A. Shavez Mirza .....Applicant(s) State Of U.P. Deptt. Of Home Thru. Prin. Secy . Lko. And 3 Others .....Opposite Party(s)
dispute and the same has been reduced in writing on 11.12.2024, which has been annexed as annexure no.5 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 the opposite parties 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 A.G.A. 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 proceedings against the applicant in Case No.3957 of 2017 arising out of Case Crime No.199 of 2017, A482 No. 7852 of 2025 2
State of U.P. Vs. Shavez Mirza under Sections 307, 323, 504, 506 I.P.C. Police Station Saadatganj, District Lucknow, shall remain stayed. 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 24, 2025 Ram Murti A482 No. 7852 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench