Mohammad Zeeshan and Another Vs State of U.P. Thru. Addl. Prin. Secy. Home, Lko. and Another — Allahabad HC (2024) — LawSathi Research

Mohammad Zeeshan and Another Vs State of U.P. Thru. Addl. Prin. Secy. Home, Lko. and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the summoning order dated 21.02.2024 passed by the Additional Chief Judicial Magistrate-IV, Lucknow in Complaint Case No.57266 of 2022 (In re: Zeba Khan vs Mohammad Zeeshan & Anr.) and of the entire proceedings arising therefrom.

Issue for consideration

Whether the summoning order dated 21.02.2024 passed by the Additional Chief Judicial Magistrate-IV, Lucknow in Complaint Case No.57266 of 2022 (In re Zeba Khan vs Mohammad Zeeshan & Anr.) and the entire proceedings arising therefrom should be quashed, the parties having entered into a compromise.

Court's answer

On the report of the court below dated 02.08.2024 and the admitted compromise between the parties, the instant petition under Section 482 Cr.P.C./528 B.N.S.S. is allowed.

Ratio / Principle

The summoning order dated 21.02.2024 passed by the Additional Chief Judicial Magistrate-IV, Lucknow in Complaint Case No.57266 of 2022 (In re: Zeba Khan vs Mohammad Zeeshan & Anr.) as well as the entire proceedings arising therefrom are quashed.

Detailed headnote1 paragraphs

Abdul Moin, J. — Application under Section 482 Cr.P.C./528 B.N.S.S. (Application U/S 482 No. 5974 of 2024) by Mohammad Zeeshan & Anr. for quashing of the summoning order dated 21.02.2024 passed by the Additional Chief Judicial Magistrate-IV, Lucknow in Complaint Case No.57266 of 2022 (In re Zeba Khan vs Mohammad Zeeshan & Anr.) and the entire proceedings arising therefrom. By order dated 08.07.2024 the Court noted the compromise between the parties (Annexure-5), directed their appearance before the C.J.M.-IV, Lucknow on 12.07.2024 for verification of the compromise with a report within three weeks, and stayed coercive action till the next listing. On the court-below report dated 02.08.2024 annexing the order sheet dated 11.07.2024 verifying the compromise, the petition was allowed and the summoning order together with all proceedings arising therefrom were quashed. Decided 04.09.2024. Neutral Citation: 2024:AHC-LKO:60806.

Neutral Citation No. - 2024:AHC-LKO:60806

Court No. - 11

Case :- APPLICATION U/S 482 No. - 5974 of 2024

Applicant :- Mohammad Zeeshan And Another Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Home, Lko. And Another

Counsel for Applicant :- Viksit Srivastava,Izhar Ahmad Counsel for Opposite Party :- G.A.,Santosh Kumar Verma

Hon'ble Abdul Moin,J.

Supplementary affidavit filed by learned counsel for the petitioners is taken on record.

Heard learned counsel for the petitioners, learned A.G.A. appearing on behalf of respondent No.1 and Shri Santosh Kumar Verma, learned counsel appearing on behalf of the respondent No.2.

This Court had passed a detailed order on 08.07.2024 which, for the sake of convenience, is reproduced below:

"1. Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents.

2. Vakalatnama filed by Sri Santosh Kumar Verma, Advocate on behalf of respondent No.2 is taken on record.

3. Instant petition under Section 482 Cr.P.C.-528 B.N.S.S. has been filed by the petitioners for quashing of the summoning order dated 21.02.2024 passed by Additional Chief Judicial Magistrate-IV, Lucknow in Complaint Case No.57266 of 2022 In re Zeba Khan vs Mohammad Zeeshan & Anr. as well entire proceedings arising therefrom.

4. Learned counsel for the parties jointly state that the parties have entered into a compromise, a copy of which is placed on record as Annexure-5.

5. Considering the aforesaid, the parties may appear before the C.J.M.-IV, Lucknow in Case No.57266 of 2022 on 12.07.2024 i.e. the date suggested by the learned counsel for the parties, for verification of the compromise.

6. Learned Court below shall verify the compromise and submit its report within next 3 weeks.

7. List this case on 06.08.2024 as fresh.

8. Till the next date of listing of the case, no coercive action shall be taken against the petitioners in pursuance of the impugned proceedings.

9. When the case is next listed name of Sri Santosh Kumar Verma, Advocate be printed in the cause list as counsel for opposite party."

In pursuance thereof, the learned court has submitted its report dated 02.08.2024, which is on record. In the said report, learned court has also annexed the order sheet dated 11.07.2024 per which the compromise, as entered into between the parties, has been verified.

Considering the aforesaid report of the learned court dated 02.08.2024 and the fact that the parties having admittedly entered into the compromise as stated by the learned counsels appearing for the contesting parties, the instant petition is allowed. The summoning order dated 21.02.2024 passed by Additional Chief Judicial Magistrate-IV, Lucknow in Complaint Case No.57266 of 2022 In re: Zeba Khan vs Mohammad Zeeshan & Anr. as well as the entire proceedings arising therefrom are quashed.

Order Date :- 4.9.2024 S. Shivhare

Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench