Javed Ahmad @Javed And 3 Others v. State of U.P. through its Principal Secretary And 3 Others
A482/11901/2024 · 2025-01-03
body2025
DailyLaw.ai
[ 2025 DAILYLAW 170944 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170944 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:397 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11901 of 2024 Applicant :- Javed Ahmad @Javed And 3 Others Opposite Party :- State Of U.P. Through Its Principal Secretary And 3 Others Counsel for Applicant :- Sajjad Husain Counsel for Opposite Party :- G.A.,Mohd. Saud Khan Hon'ble Saurabh Lavania,J. Shri Mohd. Saud, learned Advocate has put in appearance on behalf of opposite party No.4. Heard learned counsel for the applicants, learned AGA for the State of U.P. 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 humbly prayed May this Hon'ble Court be pleased to quash the entire proceedings of ST No. 110 of 2017( State Government Vs Kurban & Ors ) registered as CNR No. UPBB010023332017 arising out of Case Crime No. 86/2017, U/s 323,504,506,452,308,324,325,304,147 & 148 IPC Police Station Dewa District- Barabanki, pending before Addl. District and Sessions Judge Barabanki in terms of compromise in the interest of justice as well as Chargesheet No. A-51/17 and cognizance
order dt. 05.05.2017, summoning order dt.10.05.2017. Copy of Charge Sheet dt.11.04.2017-Cognizance Order dt.05.05.2017 & summoning order dt. 10.05.2017 is respectively annexed herewith as Annexure No. 1 & 2 to this application. The Honble Court may kindly be pleased to stay the entire proceedings of ST No. 625 of 2023 arising out from case crime No. 0215 of 2016 U/s 147, 307, 323 IPC Police Station Kotwali Dehat District-Gonda as well as Charge Sheet No. 126 / 2016, cognizance order dt. 30.03.2017 pending before learned Court of Session Judge Gonda during pendency of instant application, in the interest of justice. Copy of Charge Sheet including cognizance order is annexed herewith as Annexure No. 1 to this application."
Learned counsel for the applicants has submitted 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 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., ST No. 110 of 2017( State Government Vs Kurban & Ors ) registered as CNR No. UPBB010023332017 arising out of Case Crime No. 86/2017, U/s 323,504,506,452,308,324,325,304,147 & 148 IPC Police Station Dewa District- Barabanki, pending before Addl. District and Sessions Judge Barabanki, shall appear and file the compromise before the concerned Court within two 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 applicants to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise to the Counsel for the applicants, after retaining its photocopy on record. It is for the purposes for its verification by the concerned court. (vii) For a period of six weeks, no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 3.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench