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2025 DAILYLAW 201907 (ALL)

JAVED KHAN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/8809/2025 · 2025-10-15

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8809 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Sri Devendra Kumar, 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:- “i. Issue an order or direction for quashing of impugned the Charge sheet (Charge Sheet no. 60/12) dated 02.06.2012 (Contained herein as Annexure No.2), under section-323. 504, 427 of I. P. C., arising out of F.I.R. no. 095/2012, relating to Police Station - Hasanganj, District - Lucknow, as well as impugned summoning order (Contained herein as Annexure No.3), dated 22. 10. 2012, passed by Learned Additional Chief Judicial Magistrate 4rt, Lucknow in Cri. case No. 2018/2012, crime no. 116/12, 'State of U.P. Versus Javed khan and Another, arising out of F.I.R./Case Crime No. 095/2012, under section 147, 323, 504, 452, 427, 506 of I. P. C., relating to Police Station - Hasanganj, District - Lucknow as well as entire proceeding of Cri, case No. 2018/2012, Crime No. 116/12, 'State of U.P. Versus Javed and Another, arising out of F.I.R. No. 095/2012 under section 147, 323, 504, 452, 427, 506 Versus Counsel for Applicant(s) : Virendra Kumar Tripathi, Rajiv Kumar Singh Counsel for Opposite Party(s) : G.A. Javed Khan And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) of I. Р. С., relating to Police Station - Hasanganj, District - Lucknow, presently pending before the Learned Judicial Magistrate 2nd, Lucknow, in the light of Compromise deed (Annexure No. 4) dated 20.05.2025, so far it relates to the present applicants.” 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. 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 15, 2025 A.Nigam A482 No. 8809 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench