Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 176158 (ALL)

HASAN SAJJAD AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY, HOME DEPTT. HOME LKO. AND ANOTHER

A482/10466/2025 · 2025-12-11

Rajeev Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10466 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Sri Dinesh Chandra Shukla, Advocate has filed Vakalatnama on behalf of opposite party no.2, which is taken on record. 2. Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record. 3. The instant application has been filed with the following prayer:- "To quash/set aside the impugned summoning order dated 29.04.2024 passed by learned Civil Judge/Judicial Magistrate, Utraula, Balrampur in criminal case no.245/2024 "State Vs. Ali Sajjad and others" as well as impugned charge sheet No.1 dated 20.08.2023 filed in pursuance to FIR No.231/2023 U/s 323, 504, 506, 427 I.P.C. relating to P.S. Kotwali Utraula, District Balrampur, including entire proceeding of criminal case no.245/2024 "State Vs. Ali Sajjad and others" pending in the court of learned Civil Judge/Judicial Magistrate, Utraula, Balrampur, on the basis of compromise, in the interest of justice. (contained as Annexure No.1 & 2, respectively)." 4. Learned counsel for the applicants submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.3 to the application. 5. Whether the parties have, in fact, compromised the matter or not, can Versus Counsel for Applicant(s) : Mohd. Waris Farooqui Counsel for Opposite Party(s) : G.A. Hasan Sajjad And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy, Home Deptt. Home Lko. And Another .....Opposite Party(s) best be ascertained by the trial court concerned as such compromise has to be duly verified in presence of the parties concerned before the Court. 6. Accordingly, this application is disposed of with a direction to the trial court concerned that if any such compromise is filed before it, 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. 7. The court concerned 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. 8. For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case. 9. Office is directed to return the original compromise deed, if any, to the learned counsel for the applicants, after taking the photocopy of the same. December 11, 2025 Arpan A482 No. 10466 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench