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2025 DAILYLAW 176857 (ALL)

MOHAMMAD SAUD AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

/2011/2025 · 2025-12-04

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 2011 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Mr. Tahiruzzama, 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 most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the criminal proceeding which is being initiated U/s- 316 (2),318 (4),351 (3), 319 (2), Β.Ν.S Corresponding Section (406,420,506,419) I.P.C at Police Station- Kotwali, District-Barabanki Bearing case no. 3818/2025 titled as "State Vs Mohammad Saud and Others" pending before Learned Chief Judicial Magistrate Court No.18, Barabanki in the light of judgement passed by Hon'ble Apex Court in case of Gian Singh Versus State of Punjab and another reported in (2012) 10 SCC 303. " 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 following terms:- (i) The parties to the proceedings i.e. Case No. 3818/2025 (supra), shall appear before the concerned Court within six weeks' from today and file the compromise. Versus Counsel for Applicant(s) : Shujat Kidwai, Mamoon Rashid Counsel for Opposite Party(s) : G.A. Mohammad Saud And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) (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. December 4, 2025 Jyoti/- NA528 No. 2011 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench