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2025 DAILYLAW 181621 (ALL)

SHIVAM DUBEY AND 4 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER

A482/9268/2025 · 2025-11-11

Rajeev Singh

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9268 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Sri Osama Mustafa, 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 the proceedings of Criminal Case No. 17718 of 2024, (State Vs Shivam Dubey and Others) arising out of Case Crime No. 223/2023 u/s 147, 323, 504, 452, 427 IPC, P.S. - Jaitpur, District- Ambedkarnagar, pending in the Court of Additional Civil Judge (Junior Division) Tanda /Judicial Magistrate, Ambedkarnagar." 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.4 to the application. 5. Whether the parties have, in fact, compromised the matter or not, can 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 Versus Counsel for Applicant(s) : Prem Prakash Singh, Javed Khan Counsel for Opposite Party(s) : G.A. Shivam Dubey And 4 Others .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 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. November 11, 2025 Arpan A482 No. 9268 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench