MOHAMMAD RASHID AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER
A482/10885/2024 · 2025-02-12
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169183 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169183 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:9161 Court No. - 12 Case :- APPLICATION U/S 482 No. - 10885 of 2024 Applicant :- Mohammad Rashid And 3 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Mohd. Altaf,Mohd. Naeem,Prince Verma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Amit Kumar, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party No. 2, which is taken on record. Heard learned counsel for the applicant(s), learned AGA for the State of U.P. as well as learned counsel for the opposite party No.2 and gone through the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside/quash the impugned cognizance and Summoning Order dated 02.09.2023 passed by the learned Addl. Chief Judicial Magistrate, V, and the impugned Charge Sheet No.01 dated 06.06.2023 filed by the police in Case Crime No.0224 of 2022, under sections 323, 354 IPC Police Station Chowk, District Lucknow as contained in Annexure no.1 and 2 respectively to this petition and further the entire criminal proceedings of W/S Crl. Case No. 109311 of 2023, State of U.P. Versus Mohd. Rashid & Others. pending before the learned Addl. Chief Judicial Magistrate, V, Lucknow be also set aside/quashed, otherwise, the petitioners would suffer irreparable loss and injury which cannot be made good in or any event."
Learned counsel for the applicants has submitted that in the cross case this Court vide order dated 21.01.2025, passed in Application U/S 482 No.498/2025, had directed the parties to appear before the court concerned for verification of the compromise. Learned counsel for the applicant(s) has submitted that in this case also 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 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 i.e., Crl. Case No.109311 of 2023 (State of U.P. Versus Mohd. Rashid & Others), pending before the learned Addl. Chief Judicial Magistrate-V, Lucknow, 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 four 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 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.
Order Date :- 12.2.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench