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Allahabad High Court · body

2026 DAILYLAW 6970 (ALL)

MOHD. ASIF AND 2 OTHERS v. STATE OF U.P.AND ANOTHER

A482/44265/2019 · 2026-09-15

Chawan Prakash

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 44265 of 2019 Court No. - 83 HON'BLE CHAWAN PRAKASH, J. 1. Case called out in the revised list. None is present on behalf of opposite party No.2. 2. Heard Sri Avinash Kumar Sharma, Advocate holding brief of Sri Rajesh Dutta Pandey, learned counsel for the applicants, learned A.G.A. for the State and perused the record. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge sheet dated 8.5.2019 and cognizance order dated 17.9.2019 as well as entire proceeding of Crl. Case No.1027 of 2019 (State Vs. Mohammad Asif and others) arising out of Case Crime No.474 of 2018, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Mahila Thana, District Prayagraj, pending before the court of Additional Chief Judicial Magistrate, Room No.17, Allahabad. 4. Learned A.G.A. for the State does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that he has no objection, if the parties approach trial court to file compromise deed in the given circumstances. 5. Whether the parties have entered into compromise, can best be adjudicated by the trial court. As such, the parties may appear before the trial court and file the compromise deed entered into between the parties Versus Counsel for Applicant(s) : Rajesh Dutta Pandey Counsel for Opposite Party(s) : G.A., Mohd. Mobin Ansari Mohd. Asif And 2 Others .....Applicant(s) State Of U.P.And Another .....Opposite Party(s) within 30 days, which shall be verified by the trial court. The trial court shall place the original compromise deed in its record. 6. No compromise shall be entertained by the trial court if the informant/victim and accused are not signatories and appear before the court of its verification. In case of exigency, the trial court shall apply its mind and pass appropriate order. 7. For a period of two months, the proceedings of the trial court shall be kept in abeyance, if the compromise is filed and verified within stipulated period, otherwise, the trial court shall continue with the trial in accordance with law. 8. All the parties, who files compromise deed and get it verified shall then file a joint application invoking inherent power of this Court to quash the criminal proceeding. 9. In view of above, the application under Section 482 Cr.P.C. is accordingly disposed of. September 16, 2026 Md Faisal A482 No. 44265 of 2019 2 (Chawan Prakash,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad