ISRAIL @ MOHAMMAD ISRAIL @ KODAI AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER
A482/8694/2025 · 2025-10-30
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 173658 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 173658 (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. - 8694 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Power filed by Shri Rajesh Kumar, Advocate on behalf of opposite party no.2 is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the opposite party no. 2 and perused the record. 3. The present application has been filed with the prayer to quash the proceedings of Criminal Case No.358 of 2022; 'State Vs. Imtiyaj and Others', arising out of Case Crime No.128/2021, under Section 147, 148, 149, 188, 269, 298, 308, 323, 324 I.P.C., Police Station-Jahangeerganj, District-Ambedkar Nagar, pending in the Court of Civil Judge (Junior Division)/Judicial Magistrate, Ambedkar Nagar. He further prays that the proceedings of the aforesaid case may be stayed during pendency of the petition. 4. Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been arrived between them dated 24.9.2025 (Original copy of the same is appended as annexure No.4 to the application). 5. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the Court below itself. Versus Counsel for Applicant(s) : Prem Prakash Singh Counsel for Opposite Party(s) : G.A. Israil @ Mohammad Israil @ Kodai And Another .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
6. Counsel for opposite party no. 2 has no objection, in case compromise takes place. 7. Both the parties are directed to appear before the concerned court below on 14.11.2025 and file/pursue their compromise application. The court below is directed to pass an order on the said compromise application and all formalities will be completed within eight weeks from that date. The concerned Magistrate will sent a report to this Court whether the said compromise took place or not. 8. Accordingly, the present application stands disposed of with a direction to the court concerned that if any such compromise is filed before it or has been already filed, 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. 9. For a period of three months, no coercive action shall be taken against the applicants in the aforesaid case. 10. Registry is directed to return the original copy of the compromise deed to the learned counsel for the applicants after taking photocopy of the same. October 30, 2025 Arti/- A482 No. 8694 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench