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2025 DAILYLAW 186365 (ALL)

SHAHJAD AND OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME U.P. CIVIL SECTT. LKO. AND ANOTHER

A482/8414/2023 · 2025-12-05

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8414 of 2023 and APPLICATION U/S 482 No. - 7840 of 2023 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard. 3. The Application u/s 482 No. 8414 of 2023 has been filed with the following prayer:- "To quash the summoning order dated 10.01.2023 passed by the Upper Civil Judge, (J.D.), Room No.11/ Judicial Magistrate, Gonda in C.I.S. No. 111 of 2023 and the charge-sheet dated 29.05.2022 arising out of Case Crime No. 13 of 2022 u/s 498-A, 323 I.P.C. and Section 3/4 of D.P. Act, Police Station- Motiganj, District- Gonda." The Application u/s 482 No. 7840 of 2023 has been filed with the following prayer:- Versus Counsel for Applicant(s) : Vinay Kumar Tiwari, Jai Prakash Shukla Counsel for Opposite Party(s) : G.A., Firoz Ahmad Khan Versus Counsel for Applicant(s) : Vinay Kumar Tiwari, Jai Prakash Shukla Counsel for Opposite Party(s) : G.A., Firoz Ahmad Khan, Pankaj Kumar Shukla Shahjad And Others .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Civil Sectt. Lko. And Another .....Opposite Party(s) Insan Ali .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home, Lko. And Another .....Opposite Party(s) "To quash the summoning order dated 10.01.2023 passed by the Upper Civil Judge, (J.D.), Room No.11/ Judicial Magistrate, Gonda in C.I.S. No. 111 of 2023 and the charge-sheet dated 29.05.2022 arising out of Case Crime No. 13 of 2022 u/s 498-A, 323 I.P.C. and Section 3/4 of D.P. Act, Police Station- Motiganj, District- Gonda." 4. Learned counsel for the parties submit 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 of the application dated 19.11.2025 filed for withdrawal of the deponent's money. 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, these applications are 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 cases. 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. 10. The amount of Rs. 20,000/- deposited in pursuance of earlier order shall be remitted to the private respondent, forthwith. December 5, 2025 Arpan A482 No. 8414 of 2023 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench