MOHAMMAD MURTIZA @ MURTIZA AND 6 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NA528/1250/2025 · 2025-09-17
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164490 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164490 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1250 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Vakalatnama filed on behalf of private opposite party No. 2 in the Court today is taken on record. Heard learned counsel for the parties and perused the record. Instant application has been preferred by the applicant(s) for the following main relief(s):-
"A) To quash the charge sheet dated 18.09.2024, which is filed in Case Crime No. 347/2024, Under Section-191(2),191(3),333,115(2),352,351(2) BNS and 3(2)(5A) SC/ST Act Police Station- Chinhat, District- Lucknow, pending before the court of learned Spl Judge SC/ST Act Lucknow which is contained as Annexure No. 1. B) To quash the entire proceedings of the case number 88/2025, instituted before the court of learned Spl Judge SC/ST Act Lucknow, relating to Case Crime No 347/2024, Under Section- 191(2),191(3),333,115(2),352,351(2) BNSa and 3(2)(5A) SC/ST Act Police Station- Chinhat, District- Lucknow." It is stated that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No. 4 to the present Versus Counsel for Applicant(s) : Bhupendra Veer Singh, Ravindra Nath Shukla Counsel for Opposite Party(s) : G.A. Mohammad Murtiza @ Murtiza And 6 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
application. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed. 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 Court. Considering the aforesaid, this application is disposed of finally in following terms:- (i) The parties to the proceedings in issue shall appear and file the compromise before the concerned court within four week's from today. (ii) If the parties appear before the concerned court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record.
(iii) The concerned court shall conclude the process of verification of compromise within two week's from the date of production of copy of this order. (iv) The concerned court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed. (v) It shall be open to the applicant(s) to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise, if any, to the counsel for the applicant(s), after retaining its photocopy on record. It is for the purposes for its verification by the concerned court. (vii) For a period of eight weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case. September 17, 2025 Arun/- NA528 No. 1250 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench