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Neutral Citation No. - 2025:AHC:52717 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 4617 of 2025 Applicant :- Hashim And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Naushad Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Sri Mohd. Naushad, learned counsel for the applicants, Mr. Akhilesh Kumar Srivastava, learned AGA for the State, and perused the record. The present application has been filed to quash the summoning
order dated 05.03.2013 as well as entire proceedings of Case No. 18253 of 2023 (Kausar v. Hashim and others), under Sections 392, 452, 323, 504 IPC, P.S. Jhinjhana, District Shamli, pending in the court of Judicial Magistrate / Additional Civil Judge (Jr. Div.), Court No. 2, Kairana, Muzaffarnagar/ Shamli, on the basis of compromise.
Learned counsel for the applicants submits that the parties have amicably settled their dispute out of Court and have entered into compromise, copy of the same has been annexed as Annexure no.5 to this application. Therefore, no useful purpose would be served in continuing the proceedings before the court below and the same is not only sheer wastage of time of the Court but also abuse of the process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303. Learned AGA, however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law. In view of the above, both the parties are directed to appear before the court below along with a certified copy of this order and permitted to file a proper compromise deed. It is expected that the trial court may fix a date for the verification of the compromise
and after ensuring the presence of parties, pass an appropriate
order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from today. While passing the order verifying the compromise, the concerned court shall also record the statement of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not. The court in that scenario will allow the parties to obtain certified copy of the order verifying the compromise deed and it will be open to the applicants to approach this Court again for quashing of the proceedings. For a period of two months or till verification of compromise between the parties by the court concerned, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. With the aforesaid directions, this application is finally disposed of.
Order Date :- 10.4.2025 DS Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad