MOHD. ASHAAB CHISHTI @ ASHAAB CHISHTI AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
Court: Allahabad High Court
Bench: RAJEEV SINGH
Judgment date:
Case summary
Allahabad High Court judgment dated 2024-12-03. MOHD. ASHAAB CHISHTI @ ASHAAB CHISHTI AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER....
Judgment text
Neutral Citation No. - 2024:AHC-LKO:80629 Court No. - 13 Case :- APPLICATION U/S 482 No. - 10923 of 2024 Applicant :- Mohd. Ashaab Chishti @ Ashaab Chishti And 3 Others Opposite Party :- State Of U. P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ali Hasan,Mohd. Suhail Counsel for Opposite Party :- G. A. Hon'ble Rajeev Singh,J. 1. Mohd. Alishah Faruqui, Advocate filed Vakalatnama on behalf of opposite party no. 2 is taken on record. 2. Heard learned counsel for the applicants, learned counsel for opposite party no. 2 as well as learned A. G. A. for the State and perused the record. 3. The instant application has been filed for quashing the entire proceedings as well as charge sheet No. 01/2023 dated 28. 12. 2023 from the F. I. R No. 504/2023, U/s - 498-A, 323, 504, 506 IPC & 3/4 D. P Act, P. S. Thakurganj, District Lucknow, pending before the Court of ACJM CBI (AP). 4.
Learned counsel for the applicants submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No. 4 to the application. 5. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned as such compromise has to be duly verified in presence of the parties concerned before the Court. 6. Accordingly, this application is disposed of with a direction to the trial 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. 7.
The court concerned 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. 8. For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case. 9. Office is directed to return the original compromise deed to the learned counsel for the applicants, after taking the photocopy of the same. Order Date :- 3. 12. 2024 V. Sinha Digitally signed by :-Digitally signed by :- VAISHALI SINHAVAISHALI SINHA High Court of Judicature at Allahabad,High Court of Judicature at Allahabad, Lucknow BenchLucknow Bench
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