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2025 DAILYLAW 163410 (ALL)

FAISAL @ MUNNA AND 3 OTHERS v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. IN THE DEPTT. OF HOME LKO. AND ANOTHER

A482/7660/2025 · 2025-09-15

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7660 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Vakalatnama filed today by Sri Vishambhar Rawat, Advocate on behalf of opposite party no. 2 is taken on record. Heard learned counsel for the applicants, Sri Vishambhar Rawat, learned counsel appearing for opposite party no. 2 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 30.09.2023 filed in FIR No. 0086 of 2023, dated 02.06.2023, under Sections 323, 325, 504, 506 IPC, Police Station Rahima Bad, District Lucknow and summoning order dated 01.12.2023 passed by learned Special Chief Judicial Magistrate, Lucknow as well as entire criminal proceedings in pursuance thereof, on the basis of compromise dated 04.08.2024. 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 04.08.2025, which has been annexed as Annexure No. 6 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 Versus Counsel for Applicant(s) : Prabhaat Kumar Tripathi Counsel for Opposite Party(s) : G.A. Faisal @ Munna And 3 Others .....Applicant(s) State Of U.P. Thru. Its Addl. Chief Secy. In The Deptt. Of Home Lko. And Another .....Opposite Party(s) 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 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. 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 deed, requiring their personal presence and, thereafter, proceed to verify the same. 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 learned counsel for the applicants submits that, as per instructions given to him, the original copy of compromise deed has already been filed before the learned trial court and, if the original compromise deed is not filed as yet, the same shall be filed before the learned trial court alongwith the application, appending the order of this Court. 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 initiated in pursuance of FIR No. 0086 of 2023, dated 02.06.2023, under Sections 323, 325, A482 No. 7660 of 2025 2 504, 506 IPC, Police Station Rahima Bad, District Lucknow, 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. September 15, 2025 kkv/ A482 No. 7660 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench