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2025 DAILYLAW 45210 (ALL)

NOOR MOHAMMAD AND 3 OTHERS v. STATE OF U.P. THROUGH SECRETARY HOME AND ANOTHER

A482/30711/2023 · 2025-05-05

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72873 Court No. - 75 Case :- APPLICATION U/S 482 No. - 30711 of 2023 Applicant :- Noor Mohammad And 3 Others Opposite Party :- State Of U.P. Through Secretary Home And Another Counsel for Applicant :- Narendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Narendra Kumar Singh, learned counsel for the applicants and Sri Rajeev Kumar Singh, learned A.G.A. for the State. 2. The present application has been filed to quash the entire proceedings in case No 1855/14 Case Crime No 378/2013 under Sections 328, 323, 506 I.P.C. Police Station Saurikh District Kannauj pending in the Court of learned Chief Judicial Magistrate, Kannauj. 3. Contention of learned counsel for the applicants is that dispute between the parties is personal and private in nature. Now, they have settled their dispute which was also reduced to written compromise dated 12.07.2023. It is further submitted that the aforesaid compromise has already been filed before the court below and a request has been made that on the basis of the written compromise, impugned proceedings may be quashed. 4. Per contra, learned A.G.A. opposed the prayer on the ground that the aforesaid compromise is yet to be verified by the court below. 5. Considering the aforesaid submissions of both the parties, the present application is disposed of with direction to the court below to verify the aforesaid compromise after summoning the parties within a period of two months from the date of receiving copy of this order. After verification of the aforesaid compromise, court below will permit the parties to obtain certified copy of the same. 6. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 7. For a period of two months, no coercive action shall be taken against the applicants. 8. It is further provided that applicants are at liberty to file fresh application u/s 528 B.N.S.S., if required, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 6.5.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad