Nawab and 4 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Nawab and 4 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions: parties to appear before the trial court with a certified copy of the order for verification of the compromise within four weeks; liberty to file a fresh application U/S 482 thereafter; and interim protection that no coercive measure shall be taken against the applicants for six weeks.

Issue for consideration

Whether the impugned charge sheet, summoning order and the entire criminal proceedings of Session Trial No. 174 of 2023 arising out of Case Crime No. 78 of 2021 should be quashed, given the applicants' contention that they and opposite party no. 2 have amicably settled the dispute out of court by a compromise deed (Annexure-6). +1 more

Ratio / Principle

The parties are directed to appear before the court below with a certified copy of this order on the next date fixed; the trial court is expected to fix a date for verification of the parties and the compromise and pass an appropriate order within the next four weeks.

Key takeaways

At that stage, after verification of the compromise, it shall be open to the applicants to file a fresh application U/S 482 seeking the relief sought herein.ratio¶10
The present application under Section 482 Cr.P.C. is disposed of (not quashed at this stage).ratio¶11
As interim protection, no coercive measure shall be taken against the applicants for a period of six weeks.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.) — Application U/S 482 No. 29567 of 2024 (decided 11.4.2025), Nawab And 4 Others v. State of U.P. and Another. Applicants sought quashing of Charge Sheet No. 95 of 2021 (dated 16.10.2021), summoning order dated 01.11.2021 and the entire criminal proceedings of Session Trial No. 174 of 2023 (Criminal Case No. 3619/9 of 2021), arising out of Case Crime No. 78 of 2021 under Sections 147, 148, 149, 323, 324, 307, 452, 504, 506 I.P.C., Police Station Garhipukhta, District Shamli, pending before the learned District & Session Judge, Shamli. Counsel for the applicants submitted that the parties had amicably settled the dispute out of court by a compromise deed (Annexure-6); counsel for opposite party no. 2 did not dispute this. The Court did not quash the proceedings outright: it disposed of the application, directing the parties to appear before the trial court with a certified copy of the order on the next date fixed, expecting the trial court to fix a date for verification of the parties and the compromise and pass an appropriate order within four weeks, leaving the applicants free to file a fresh application U/S 482 at that stage; meanwhile, no coercive measure was to be taken against the applicants for six weeks.

Neutral Citation No. - 2025:AHC:54001

Court No. - 84

Case :- APPLICATION U/S 482 No. - 29567 of 2024

Applicant :- Nawab And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Firoz Ahmad Khan Counsel for Opposite Party :- Chandra Bhushan Prasad,G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed to quash the impugned Charge Sheet No. 95 of 2021, dated 16.10.2021 as well as impugned summoning order dated 01.11.2021 as well as the entire criminal proceedings of Session Trial No. 174 of 2023 (Criminal Case No. 3619/9 of 2021), arising out of Case Crime No. 78 of 2021, Under Section 147, 148, 149, 323, 324, 307, 452, 504, 506 I.P.C., Police Station Garhipukhta, District Shamli; pending before the court of learned District & Session Judge, Shamli

It has been contended by learned counsel for the applicants that the applicants and opposite party no. 2 have amicably settled their dispute out of court and entered into a compromise. A copy of the compromise deed entered into between the parties has been annexed as Annexure-6 to the application.

Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the facts.

Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed. It is therefore expected that the trial court may fix a date for the verification of the parties and compromise entered into between the parties and pass an appropriate order to that effect within next four weeks. It shall be open to the applicants to file a fresh application U/S 482 at that stage for the relief sought herein.

In view of the above, the present application is disposed of .

For a period of six weeks, no coercive measure shall be taken against the applicants.

Order Date :- 11.4.2025 Aditya

Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad