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2025 DAILYLAW 175874 (ALL)

IZHAR ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND ANOTHER

/10074/2025 · 2025-11-28

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10074 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Sri Ankur Srivastava, Advocate, has put in appearance for the private opposite party No. 2 and has filed his Vakalatnama, which is taken on record. 2. Heard learned counsel for the parties and perused the record. 3. Instant application has been preferred by the applicant(s) for the following main relief(s):- "WHEREFORE, it is most humbly and respectfully prayed that the Hon'ble Court may kindly be pleased to set-aside/quash the entire criminal proceedings of Case No. 86471/2021 (State Versus Izhar Siddiqui) arising out of impugned charge-sheet No. 01, dated 27.01.2021 filed by investigating officer against the applicant/petitioner Lucknow as well in Case Crime No. 0606/2020, Under Section-419 & 420 I.P.C. pertaining to Police Station-Gosaiganj, District-Lucknow which is pending before the court of learned Additional Chief Judicial Magistrate- III, as impugned cognizance/summoning order dated 22.11.2021 passed by the court of learned Additional Chief Judicial Magistrate-III, Lucknow by which the applicant/petitioner has been summoned for facing of trial under the aforesaid sections on the basis of compromise which was held in between the parties on 03.11.2025, as contained in Annexure No. 1, 2 & 4 respectively to this petition and may also further be pleased to stay the further proceedings of the aforesaid case, during the pendency of the instant petition, in the interest of justice." 4. 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) : Vyas Narayan Shukla Counsel for Opposite Party(s) : G.A. Izhar Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. 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. 5. 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. 6. 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. November 28, 2025 Arun/- A482 No. 10074 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench