Allahabad High Court
Kalimudeen And 4 Others vs State Of U.P. And Another on 6 August, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:133054
Court No. - 75
Case :- APPLICATION U/S 528 BNSS No. - 28222 of 2025
Applicant :- Kalimudeen And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Brajesh Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
1. Heard Sri Brajesh Kumar Singh, learned counsel for the applicant as well as Sri V.S. Kushwaha, learned AGA for the State.
2. This application u/s 528 of BNSS has been preferred to quash the impugned summoning order dated 15.06.2024 passed by the Court of learned Judicial Magistrate, Firozabad in Complaint No.75478 of 2023 (Smt. Musarrat Vs. Kalimudeen and others), under Section 323 I.P.C. against the applicant nos.1, 2 and 3, under Section 323, 354B I.P.C. against the applicant no.4 and 5 and under Section 323, 506 I.P.C. and Section 3/4 Muslim Women Protection Act against the applicant no.6, Police Station- Uttar, District Firozabad as well as entire proceeding of Complaint No.75478 of 2023 (Smt. Musarrat Vs. Kalimudeen and others), under Section 323 I.P.C. against the applicant nos.1, 2 and 3, under Section 323, 354B I.P.C. against the applicant no.4 and 5 and under Section 323, 506 I.P.C. and Section 3/4 Muslim Women Protection Act, Police Station- Uttar, District Firozabad, pending in the Court of learned Judicial Magistrate, Firozabad.
3. The applicant herein had earlier approached this Court application u/s 528 No. 12976 of 2025 in which on 18.04.2025, the following order was passed.-
"1. A statement has been made by Sri Deepak Singh (AOR No.0080/12) holding brief of Sri Ajay Kumar Maurya, that Vakalatnama has already been filed on behalf of opposite party no.2.
2. The Court at this juncture required the Bench Secretary to see from the website of the Court and according to him there happens to be a Vakalanama filed by opposite party no.2. Office to trace it and place it on record.
3. Heard Sri Brajesh Kumar Singh, learned counsel for the applicants as well as Sri K.K. Vishwakarma, learned AGA for the State and Sri Deepak Singh (AOR No.0080/12) holding brief of Sri Ajay Kumar Maurya, learned counsel for the opposite party no.2.
4. This application under Section 528 of the B.N.S.S. has been filed by the applicants against the impugned summoning order dated 15.06.2024 passed by the Court of learned Judicial Magistrate, Firozabad in Complaint No.75478 of 2023 (Smt. Musarrat Vs. Kalimudeen and others), under Section 323 I.P.C. against the applicant nos. 1, 2 and 3, under Section 323, 354B I.P.C. against the applicant no.4 and 5 and under Section 323, 506 I.P.C. and Section 3/4 Muslim Women Protection Act against the applicant no.6, Police Station-Uttar, District Firozabad as well as entire proceeding of Complaint No.75478 of 2023 (Smt. Musarrat Vs. Kalimudeen and others), under Section 323 I.P.C. against the applicant nos.1, 2 and 3, under Section 323, 354B I.P.C. against the applicant no.4 and 5 and under Section 323, 506 I.P.C. and Section 3/4 Muslim Women Protection Act, Police Station-Uttar, District Firozabad, pending in the Court of learned Judicial Magistrate, Firozabad on the basis of compromise dated 11.12.2024.
5. Learned counsel for the applicants has submitted that proceedings under Section 323 IPC stood initiated against the applicant nos.1, 2 and 3 and with regard to the applicant nos. 4 and 5 under Sections 323, 354B IPC and against the applicant no.6 under Section 323, 506 read with Section 3/4 of the D.P. Act and the summons however, the parties are entered into compromise on 11.12.2024 and the same has been filed before the Court of Additional Civil Judge (J.D.) Court No.1 Firozabad, a copy whereof is Annexure-3 at page 26 onwards reference whereof has been made in para 10. Learned counsel for the applicants further submits that till the verification is done protection be accorded.
6. Learned AGA as well as the learned counsel for the opposite party no.2 could not dispute the said fact.
7. Considering the said submission, the application stands disposed of directing requiring the applicants to submit self attested copy of the present application along with the certified copy of the order before the court below by 9.5.2025 along with the said motion, the court below shall proceed to verify the compromise while fixing a date within a period of two months therefrom.
8. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicants in the proceedings of Complaint No.75478 of 2023 (Smt. Musarrat Vs. Kalimudeen and others), under Section 323 I.P.C. against the applicant nos.1, 2 and 3, under Section 323, 354B I.P.C. against the applicant no.4 and 5 and under Section 323, 506 I.P.C. and Section 3/4 Muslim Women Protection Act, Police Station-Uttar, District Firozabad, pending in the Court of learned Judicial Magistrate, Firozabad on the basis of compromise dated 11.12.2024. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. The parties are free to take legal recourse post outcome of the compromise.
9. In case of default, interim protection accorded to the applicants shall stand vacated without further reference to the Court. Post outcome of the compromise, the applicant will be free to approach this Court again."
4. Thereafter, there is a certified copy of the report dated 19.05.2025 that the parties have entered into compromise and the same stands verified by the ACJM (J.D. -I) copy whereof is annexure-5 at page 30 of the paper book, certified copy whereof is at page 32 of the paper book, reference whereof has been made in paragraph no. 12 of the application. Learned counsel for the applicant submits that now nothing remains to be further proceeded with.
5. Learned AGA does not dispute the said fact.
6. Thus, this Court finds that there is no reason to proceed with the matter.
7. Looking into the fact that already compromise has been verified and respectfully the following judgment in Gian Singh vs State of Punjab & another: (2012) 10 SCC 303 and State of Madhya Pradesh Vs. Laxmi Narayan: Criminal Appeal No. 349 of 2019, nothing remains to be further proceeded with.
8. Accordingly, the application is allowed.
9. The proceedings of Complaint No.75478 of 2023 (Smt. Musarrat Vs. Kalimudeen and others), under Section 323 I.P.C. against the applicant nos.1, 2 and 3, under Section 323, 354B I.P.C. against the applicant no.4 and 5 and under Section 323, 506 I.P.C. and Section 3/4 Muslim Women Protection Act, Police Station- Uttar, District Firozabad, pending in the Court of learned Judicial Magistrate, Firozabad, be quashed.
10. Liberty be accorded to the applicant to file appropriate application.
Order Date :- 6.8.2025
Rajesh
