MOHAMAD ISLAM AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/9924/2025 · 2025-11-28
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[ 2025 DAILYLAW 172929 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 172929 (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. - 9924 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Mr. Mayank Pandey, learned Advocate has filed his Vakalatnama on behalf of opposite party no.2, which is taken on record. Heard learned counsel for the applicant(s), learned Counsel for the opposite party no.2, learned AGA for the State and perused the record. The instant application has been filed for the following main relief:-
"Wherefore, it is humbly prayed that the Hon'ble High Court may kindly be pleased to quash the impugned charge sheet as well as further proceedings of Case No-0040824 of 2016, (State Vs Mohd. Islam & Another) arising out of Case Crime No 275 of 2015, Under Section 452, 323, 506 I.P.C, Police Station Talkatora, District Lucknow, Uttar Pradesh, Pending in the Court of Additional Chief Judicial Magistrate, III Lucknow, on the basis of compromise dated 6.11.25 contained in annexure no.4 to this petition."
Learned counsel for the applicant(s) submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise. 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, the instant application is disposed of finally in Versus Counsel for Applicant(s) : Ravi Kant, Vatan Sinha Counsel for Opposite Party(s) : G.A. Mohamad Islam And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
following terms:- (i) The parties to the proceedings i.e. Case No-0040824 of 2016 (supra), shall appear before the concerned Court within six weeks' from today and file the compromise. (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 weeks' 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. November 28, 2025 Jyoti/- A482 No. 9924 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench