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2025 DAILYLAW 195504 (ALL)

LAL KHAN AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. U.P. AND ANOTHER

A482/10355/2025 · 2025-12-10

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10355 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. Power filed by Mr. Shwetabh Singh, Advocate on behalf of opposite party no.2 is taken on record. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the opposite party no.2 and perused the record. The present application has been filed with the following main prayers: "For the facts, circumstances and reasons stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the summoning order dated 24.08.2013 passed in Case No.399 of 2014 (State vs Lal Khan & Others) pending in the court of Ld Additional Chief Judicial Magistrate Vth, Lucknow, including entire proceedings of the case arising out of FIR No.0482 of 2013 under section 323, 504, 506 of L.P.C., P.S. Thakurganj, District Lucknow, in the interest of justice. It is further prayed that the charge sheet filed against the Versus Counsel for Applicant(s) : Tajuddin Counsel for Opposite Party(s) : G.A. Lal Khan And 2 Others .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. U.P. And Another .....Opposite Party(s) petitioners in case no. 399 of 2014 (State of U.P. Vs. Lal Khan & others) including entire proceedings of the case arising out of FIR No. 0482 of 2013 under section 323, 504, 506 of I.P.C., P.S. Thakurganj, District Lucknow, pending in Court of Ld Additional Chief Judicial Magistrate Vth, Lucknow, may also be quashed. It is further prayed that during the pendency of the present petition the operation and implementation of the summoning order dated 24.08.2013 in the case of (State of U.P. Vs. Lal Khan & others) pending in the court of Ld. Additional Chief Judicial Magistrate Vth, Lucknow may kindly be stayed." Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been arrived between them dated 5.8.2025 (Original copy of the same is appended as annexure No.4 to the application). Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the Court below itself. Counsel for opposite party no.2 has no objection, in case compromise takes place. Both the parties are directed to appear before the concerned court on 18.12.2025 and file/pursue their compromise application. The court below is directed to pass an order on the said compromise application and all formalities will be completed within eight weeks from that date. Accordingly, the present application stands disposed of with a direction to the court concerned that if any such compromise is filed before it or has been already filed, 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 A482 No. 10355 of 2025 2 prepared by the court and the compromise will be made part of the record. 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. For a period of three months, no coercive action shall be taken against the applicants in the aforesaid case. Registry is directed to return the original copy of the compromise deed to the learned counsel for the applicants after taking photocopy of the same. December 10, 2025 Sachin A482 No. 10355 of 2025 3 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench