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2025 DAILYLAW 90866 (ALL)

SHAKIR ALI ALIAS SHAKIR v. STATE OF U.P. AND ANOTHER

NA528/32854/2025 · 2025-09-16

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32854 of 2025 Court No. - 79 HON'BLE ALOK MATHUR, J. 1. Supplementary affidavit on behalf of the applicant filed today in the Court is taken on record. 2. Heard Sri Manoj Pandey, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and Sri Prakash Tripathi, learned counsel appearing on behalf of opposite party no. 2. 3. This petition has been filed by the applicants for quashing of the entire proceedings of S.T. No.(Case No.)-1144 of 2024 (State Vs. Shakir), arising out of Case Crime No.272 of 2024, under Sections 78(2), 296, 64(1) and 351(3) of B.N.S., Police Station Mainather, District Moradabad, pending in the court of Additional District and Sessions Judge/ F.T.C., Ist, Moradabad as well as charge-sheet dated 30.09.2024 and cognizance order dated 21.11.2024. 4. Learned counsel for the applicants submits that the parties have amicably settled their dispute and have entered into compromise on 06.06.2025, copy of the said compromise deed has been annexed as Annexure No. SA-1 to the supplementary affidavit. He further submits that the aforesaid case may be decided in terms of the compromise between the parties. 5. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below, as such compromise has to be duly verified in presence of the parties concerned before the Court below. 6. Accordingly, this petition is disposed of with a direction to the Court concerned that if any such compromise is filed before it, it shall issue Versus Counsel for Applicant(s) : Manoj Pandey Counsel for Opposite Party(s) : Prakash Tripathi, G.A. Shakir Ali Alias Shakir .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. The court 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 parties to approach this Court again for quashing of the proceedings. 7. For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case. 8. Original copy of compromise, if filed before this Court along with the present application, be returned to the learned counsel for applicants, as per Rules of Court. 9. With aforesaid directions, the application stands disposed of. September 17, 2025 AS NA528 No. 32854 of 2025 2 (Alok Mathur,J.) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad