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2025 DAILYLAW 197393 (ALL)

JAVED KHAN @ JABIR HUSAIN @ MOHARRAM ALI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO. AND ANOTHER

A482/8650/2025 · 2025-10-10

Rajeev Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8650 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Sri Shwetank Pandey, Advocate has filed Vakalatnama on behalf of opposite party no.2, which is taken on record. 2. Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record. 3. The instant application has been filed with the following prayer:- "to quash the entire proceedings of Criminal Case No. 3123 of 1988 pending before the Court of learned Chief Judicial Magistrate, Sultanpur along with the impugned charge-sheet dated 11.02.1988 arising out of Case Crime No. 50 of 1988 under Section 353, 353 of IPC registered at P.s.- Kotwali Nagar, District-Sultanpur against the applicant in the interest of justice." 4. Learned counsel for the applicants submits 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.4 to the application. 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. Versus Counsel for Applicant(s) : Durgesh Kumar Shukla Counsel for Opposite Party(s) : G.A. Javed Khan @ Jabir Husain @ Moharram Ali .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Another .....Opposite Party(s) 6. Accordingly, this application is 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 case. 9. Office is directed to return the original compromise deed to the learned counsel for the applicants, after taking the photocopy of the same. October 10, 2025 Anurag A482 No. 8650 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench