RASOOL AHMAD AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/7630/2025 · 2025-09-10
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163670 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163670 (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. - 7630 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Vakalatnama filed by Sri Noorain Husain Khan, learned counsel on behalf of the opposite party no.2 is taken on record. Heard learned counsel for the applicants, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record. The instant application under Section 482 Cr.P.C. has been filed for quashing the impugned charge sheet no.1 of 2024 dated 26.7.2024 in W.T. or S.T. Case No.33016 of 2024, State Vs. Rasool Ahmad and others, in Crime No.0343 of 2024 under Sections 115(2), 352, 351(3) B.N.S. relating to Police Station Kotwali Dehat, District Gonda, pending in the court of Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Gonda, including entire proceedings initiated in pursuance thereof.
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 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 18.8.2025, which has been annexed as annexure no.4 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 Versus Counsel for Applicant(s) : Qazi Mohd.Ahmad Counsel for Opposite Party(s) : G.A. Rasool Ahmad And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
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 applicants in W.T. or S.T. Case No.33016 of 2024 arising out of Crime No.0343 of 2024 under Sections 115(2), 352, 351(3) B.N.S. relating to Police Station Kotwali Dehat, District Gonda,, 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 10, 2025 Ram Murti A482 No. 7630 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- SHREE PRAKASH SINGH High Court of Judicature at Allahabad, Lucknow Bench