Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 2, Cited by 0]

Allahabad High Court

Shahabuddin @ Pappu Ghosi @ Mohd. ... vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 26 September, 2025





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2025:AHC-LKO:61071
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
APPLICATION U/S 482 No. - 8518 of 2025   
 
   Shahabuddin @ Pappu Ghosi @ Mohd. Shahabuddin And 4 Others    
 
  .....Applicant(s)   
 
 Versus  
 
   State Of U.P. Thru. Prin. Secy. Home Lko. And Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Shashwat Srivastava   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 14
 
   
 
 HON'BLE SHREE PRAKASH SINGH, J.     

1. Sri Durgesh Kumar Pathak, advocate, has put in appearance by way of filing vakalatnama on behalf of opposite party no. 2 and the same is taken on record.

2. Heard learned counsel for the applicants, Sri Durgesh Kumar Pathak, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the record.

3. The instant application has been filed for quash the Chargesheet No.01 dated 07-09-2023 in Case Crime No.0089 of 2023 U/s 147, 323, 504 I.P.C, P.S.- Madeyganj, District- Lucknow, summoning order dated 30-11- 2023 in Case no. 126966 of 2023, State Vs Danish and Others pending before Judicial Magistrate-II, Lucknow and entire criminal proceeding in Case No. 126966 of 2023, State v. Danish and Ors., in the ends of justice.

4. Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the instant case. He next added that under some misunderstanding, the instant F.I.R. has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on15.05.2024, which has been annexed as annexure no.4 to the instant application. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicants are the futile exercise as there is no fate of trial and that is amount to harassment of the applicants and thus, the criminal proceedings against the applicants may be quashed.

5. On the other hand, learned counsel appearing for the opposite parties has supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably through a compromise deed and there is no further grievance of the opposite parties against the present applicants and the criminal proceedings against the applicants may be dropped.

6. Learned A.G.A. appearing for the State has no objection to the contentions aforesaid.

7. Now 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.

8. Accordingly, this application is disposed of with a direction to the 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.

9. 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 applicants to approach this Court again for quashing of the proceedings.

10. For a period of three months, the proceedings initiated in pursuance of the Case Crime No.0089 of 2023 U/s 147, 323, 504 I.P.C, P.S.- Madeyganj, District- Lucknow, summoning order dated 30-11- 2023 in Case no. 126966 of 2023, State Vs Danish and Others, shall remain stayed so far as applicants are concerned.

11. The trial Court is directed to examine the fact that whether all the parties against whom the chargesheet was filed, the party in the compromise and in this respect, it shall also sent a report along with the verification order.

12. Office is directed to return the original compromise deed to the learned counsel for the applicants, if any, after taking the photocopy of the same.

(Shree Prakash Singh,J.) September 26, 2025 Haseen U.