ASHISH KUMAR AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND 4 OTHERS
A482/73/2025 · 2025-01-30
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 114751 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 114751 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6622 Court No. - 12 Case :- APPLICATION U/S 482 No. - 73 of 2025 Applicant :- Ashish Kumar And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And 4 Others Counsel for Applicant :- Srees Kumar Srivastava,Munish Kumar Chandra Counsel for Opposite Party :- G.A.,Shivani Tiwari,Vinod Kumar Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicant(s), learned AGA for the State and perused the record. 2. The instant application has been preferred by the applicant(s) seeking the following main relief:-
"1. Pass an order or direction thereby quashing of the charge sheet dated 27.02.2023, concerning Case Crime No.374 of 2022, under section 147, 323, 342, 506 I.P.C. & section 3, 5(1) the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station Achalganj, district Unnao, as well as quashing of the impugned summoning order dated 23.04.2024, passed by the Learned C.J (S.D.) FTC, Unnao, in case no.860 of 2024, parties State versus Ashish Kumar and others, pending in the court of Learned Additional Chief Judicial Magistrate II, Unnao, on the basis of amicable settlement with the opposite party no.2 to 5"
3. Learned counsel for the applicant(s) submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No.4 to the present application. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed. 4. It is further stated that according to the judgment passed by a Co-ordinate Bench of this Court in the case of Dilshad @ Anas Vs. State of U.P. & Another passed in Application u/s 482 No.34405 of 2023, the cases of such nature can be decided on the basis of compromise. 5. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Trial Court as such compromise has to be duly verified in presence of the parties concerned before the Court. 6. Considering the aforesaid, this application is disposed of finally in following terms:- (i) The parties to the proceedings in issue shall appear and file the compromise before the concerned Court within four week's from today.
(ii) If the parties appear before the concerned Court in terms of
above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record. (iii) The concerned Court shall conclude the process of verification of compromise within two week's from the date of production of copy of this order. (iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed. (v) It shall be open to the applicant(s) to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise, if any, to the counsel for the applicant(s), after retaining its photocopy on record. It is for the purposes for its verification by the concerned Court. (vii) For a period of eight weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case. Order Date :- 30.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench