MAHTAB ALAM @ SHAMIM AHMAD AND 6 OTHERS v. STATE OF UP AND ANOTHER
A482/45500/2019 · 2025-07-23
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 58129 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 58129 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:122126 Court No. - 75 Case :- APPLICATION U/S 482 No. - 45500 of 2019 Applicant :- Mahtab Alam @ Shamim Ahmad And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Atik Ahmad,Sudhir Bharti Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Shri Sudhir Bharti, learned counsel for the applicants and Sri S.P. Singh, learned State Law Officer for the State.
2. This application under Section 482 Cr.PC. has been filed by the applicants to quash the entire proceedings of case no. 742 of 2019 (State Vs. Mahtab Alam and others) arising out of crime no. 252 of 2016, under Sections 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Karchhana, District Prayagraj pending in the Court of Judicial Magistrate-I, Allahabad.
3. On 10.12.2019, the following orders have been passed:
"Heard learned counsel for the applicants and learned A.G.A.
Learned counsel for the applicants submits that an opportunity be granted to the parties for reconciliation / settlement of their dispute by way of mediation. Applicants are also willing to settle the matter through mediation. I agree with the submission advanced by the learned counsel for the applicants. The matter is referred to Mediation & Conciliation Centre of this Court. The applicants are directed to deposit a sum of Rs. 10,000/- by way of demand draft/pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within a period of one month from today. After deposit of the aforesaid money, office shall send a notice to the opposite party no. 2 fixing a date to appear before the Mediation and Conciliation Centre of this Court. The aforesaid amount shall be payable to the opposite party no. 2 on his/her appearance before the Mediation and Conciliation Centre. The Mediation Centre will submit its report by the date fixed in the matter. List this case on 17.04.2020 before the appropriate Bench along with the report of the Mediation Centre. Till the next date of listing before the Court, further proceedings against the applicants in case no. 742 of 2019 (State Vs. Mahtab Alam and others) arising out of crime no. 252 of 2016, under Sections 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Karchhana, District Prayagraj pending in the Court of Judicial Magistrate-I, Allahabad, shall remain stayed. If the amount, as directed above, is not deposited by the applicants within the aforesaid period, the stay order shall automatically come to an end and the office shall immediately list this case for further orders before the Court."
4. While inviting attention the Court towards the supplementary affidavit dated 14.05.2023, it is contended that it is contended that the parties have themselves compromised, a copy of the compromise which has been filed before the court below as at Annexure-SA3 at page 16 of the paper book and onwards reference whereof has been made in paragraph no.7 of the supplementary affidavit, when the compromise deed dated 13.06.2022 filed before the Court of A.C.J.M., Allahabad, on 20.06.2022, however, an order came to passed on 20.06.2022 that the offences are not compoundable.
He submits that the compromise application shall be filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, protection be accorded. 5. Learned AGA on the other hand submits that he has no objection to the same. 6. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicants to approach the Court of Judicial Magistrate-I, Allahabad while filing the original copy of compromise application, supplementary affidavit and a self-attested copy of the present application and certified copy of the order passed today by
07.08.2025. 7. On the receipt of the same, the court below shall verify the compromise so filed by the parties and shall conclude the process for verification with most expedition. 8. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of case no. 742 of 2019 (State Vs. Mahtab Alam and others) arising out of crime no. 252 of 2016, under Sections 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Karchhana, District Prayagraj pending in the Court of Judicial Magistrate-I, Allahabad. 9. In the event of default of any of the conditions by the applicants as referred to above, the interim protection shall stand vacated without reference to the Bench. 10. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application.
Order Date :- 24.7.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad