Allahabad High Court
Gaushul Azam And 3 Others vs State Of U.P. Thru. The Prin. Secy. Home ... on 15 September, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2025:AHC-LKO:56079
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 482 No. - 7668 of 2025
Gaushul Azam And 3 Others
.....Applicant(s)
Versus
State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And 3 Others
.....Opposite Party(s)
Counsel for Applicant(s)
:
Niyaj Ahmad
Counsel for Opposite Party(s)
:
G.A., Nijam Ahamad
Court No. - 14
HON'BLE SHREE PRAKASH SINGH, J.
Vakalatnama filed today by Sri Nijam Ahmad, Advocate on behalf of opposite parties nos. 2 to 4 is taken on record.
Heard learned counsel for the applicants, Sri Nijam Ahmad, learned counsel appearing for opposite parties nos. 2 to 4 and learned AGA for the State as well as perused the record.
The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the chargesheet No. 66 of 2021, dated 09.05.2021, in Criminal Case No. 20392 of 2021; State Vs. Azad and others, arising out of Case Crime No. 25 of 2021, under Sections 147, 323, 504, 506 IPC, Police Station Aliganj, District Ambedkar Nagar, as well as entire criminal proceedings pending before learned Additional Civil Judge (SD)/ACJM, Ambedkar Nagar.
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 due to some misunderstanding, the instant FIR has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 22.08.2025, 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.
On the other hand, learned counsel appearing for the opposite parties nos. 2 to 4 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.
Learned AGA appearing for the State has no objection to the contentions aforesaid.
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.
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 deed, requiring their personal presence and, thereafter, proceed to verify the same. 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 applicants to approach this Court again for quashing of the proceedings.
For a period of three months, the proceedings initiated in pursuance of Criminal Case No. 20392 of 2021; State Vs. Azad and others, arising out of Case Crime No. 25 of 2021, under Sections 147, 323, 504, 506 IPC, Police Station Aliganj, District Ambedkar Nagar, shall remain stayed, so far as present applicants are concerned.
The trial court is further directed for ensuring the fact that all the parties against whom the chargesheet was filed are present before the trial court and a report with respect to this effect shall also be sent alongwith verification order.
Office is directed to return back the original compromise deed dated 22.08.2025 to learned counsel for the applicants within a week.
(Shree Prakash Singh,J.) September 15, 2025 kkv/