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2025 DAILYLAW 181578 (ALL)

MOHAMMAD AFAAN @ AFFAAN AND 2 OTHERS v. STATE OF U.P. THRU. ITS ADDL. SECY. HOME DEPTT. LKO. AND ANOTHER

NA528/2225/2025 · 2025-12-18

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 2225 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicants, learned AGA for the State- opposite party no.1 and Sri Amit Kumar Pathak, learned counsel who has filed power on behalf of opposite party no. 2, which is taken on record. 2. The present application has been filed seeking quashing of the entire proceedings of Complaint Case No.840 of 2025, State Vs. Mohammad Affan and others, arising out of Case Crime No.0313 of 2024, under Sections 406, 323 and 506 IPC, Police Station Kotwali Nagar, District Sitapur and the summoning order dated 19.05.2025 passed by the Chief Judicial Magistrate, Sitapur. 3. Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been arrived between them on 08.12.2025, original copy of which has been annexed as Annexure No.4 to the application. 4. 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. Counsel for opposite party no. 2 has also no objection, in case compromise takes place. 5. Both the parties are directed to appear before the concerned court below within two weeks from today and file/pursue their compromise Versus Counsel for Applicant(s) : Shyamji Dixit Counsel for Opposite Party(s) : G.A. Mohammad Afaan @ Affaan And 2 Others .....Applicant(s) State Of U.P. Thru. Its Addl. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 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. 6. 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. 7. For a period of three months, no coercive action shall be taken against the applicants in the aforesaid case. 8. 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. December 18, 2025 Rao/- NA528 No. 2225 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench