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2025 DAILYLAW 183098 (ALL)

KAUSAR ALI AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO. AND 2 OTHERS

/10622/2025 · 2025-12-16

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10622 of 2025 Court No. - 29 HON'BLE DIVESH CHANDRA SAMANT, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. Ms. Harshita Gupta, Advocate has put in appearance on behalf of opposite party No.2 and 3 and has filed vakalatanama which is taken on record. 3. The present 482 Cr.P.C. application has been filed to quash the charge- sheet No. 01 of 2023 dated, 19.11.2023 under Sections 323, 504, 506, 452, 308 I.P.C., Police Station-Kotwali Dehat, District-Gonda as well as summoning order dated 22.05.2024 passed by learned Judicial Magistrate-1st, Gonda in Sessions Trial No. 509 of 2025 (State Vs. Kausar and others arising out of Case Crime No. 0557 of 2023 under Section 323, 504, 506, 452, 308 I.P.C., Police Station-Kotwali Dehat, District-Gonda on the basis of compromise dated 19.11.2024. 4. Learned counsel for the applicant submits that now parties have entered into compromise, therefore, this Court may please to quash the proceeding for which Ms. Harshita Gupta, learned counsel for the opposite party no.2 and 3 has no objection. 5. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below as such compromise has to be duly verified in presence of the parties concerned before the Court. Versus Counsel for Applicant(s) : Naveen Kumar Pandey Counsel for Opposite Party(s) : G.A. Kausar Ali And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And 2 Others .....Opposite Party(s) 6. Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it within two weeks, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise within two weeks. 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 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, the proceedings of Case Crime No. 0557 of 2023 under Section 323, 504, 506, 452, 308 I.P.C., Police Station-Kotwali Dehat, District-Gonda, shall remain stayed. 9. Office is directed to return the original compromise deed to the learned counsel for the applicants, if any, after taking the photocopy of the same. December 16, 2025 Karan A482 No. 10622 of 2025 2 (Divesh Chandra Samant,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad, Lucknow Bench