SAKIR @ SHAKIR AND 4 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME LKO. AND 2 OTHERS
/8717/2025 · 2025-10-13
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 200427 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 200427 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8717 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Ms. Shivani Tiwari, Advocate has filed Vakalatnama on behalf of opposite party nos.2 and 3, which is taken on record. 2. Heard learned counsel for the applicants, learned counsel for opposite party nos.2 and 3 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 charge-sheet dated 20.02.2007, concerning Case Crime No.49 of 2007, under sections 323, 504, 506 IPC, Police Station Makhi, district Unnao, as well as the impugned summoning order dated 02.05.2007, passed by the learned Judicial Magistrate, Unnao in Case No. 8573 of 2022 against the petitioner no. 1 to 4, and the summoning order dated 17.05.2010 against the petitioner no.5 passed in the application under section 319 Cr.P.C. by learned Additional Chief Judicial Magistrate, Court No.3, Unnao, (State versus Sakir @ Shakir and others), pending in the court of Learned Judicial Magistrate, Safipur on the basis of amicable settlement with the opposite party no.2 & 3."
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.7 to the application. Versus Counsel for Applicant(s) : Srees Kumar Srivastava Counsel for Opposite Party(s) : G.A. Sakir @ Shakir And 4 Others .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. And 2 Others .....Opposite Party(s)
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, 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, if any, to the learned counsel for the applicants, after taking the photocopy of the same. October 13, 2025 Arpan A482 No. 8717 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench