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2025 DAILYLAW 187155 (ALL)

DAUD @ DAUD KHAN @ NIRAALE KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/10134/2025 · 2025-12-05

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10134 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Sri Arvind and Sri Rahul Rai, Advocates, have put in appearance for the opposite party No. 2 and has filed his Vakalatnama, which is taken on record. 2. Heard learned counsel for the parties and perused the record. 3. Instant application has been preferred by the applicant(s) for the following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash and set aside the impugned chargesheet no. 11/2020 dated 22.01.2020 (contained herein as Annexure No. 1) along with the impugned summoning order passed by the Court of Chief Judicial Magistrate, District-Pratapgarh, dated 03-03-2020 (contained herein as Annexure No.2) taking the cognizance and summoning the applicants along with entire proceeding in Session Trial No. 214 of 2021 "State Vs Daud Khan @ Niraale Khan", currently pending before the Court of Learned Session Judge, District- Pratapgarh arising out of Crime No. 0005/2020, under Sections376, 506 of IPC, Police Station- Manikpur, District- Pratapgarh, on the basis of compromise dated 01.11.2025(contained herein as Annexure No.7), in the interest of justice. To stay the further proceeding inSession Trial No. 214 of 2021"State Vs Daud Khan @ Niraale Khan" currently pending before the Court of Learned Session Judge, District- Pratapgarh arising out of Crime No. 0005/2020, under Sections 376, 506 of IPC, Police Station- Manikpur, District- Pratapgarh, during the pendecy of this Petition before this Hon'blw court in the interest of justice." Versus Counsel for Applicant(s) : Durgesh Shukla, Sanjeev Kumar Mishra Counsel for Opposite Party(s) : G.A. Daud @ Daud Khan @ Niraale Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 4. It is stated that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No. 7 to the present application. 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. 5. 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. 6. Considering the aforesaid, this application is disposed of finally in following terms:- (i) The parties to the proceedings in issue shall appear and file the compromise before the concerned court within four week's from today. (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 week's 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 5, 2025 Anurag A482 No. 10134 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench