RAJ KUMAR GAUTAM @ RAJ KUMAR AND 3 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. HOME AND ANOTHER
A482/144/2025 · 2025-01-22
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 114794 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 114794 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:4312 Court No. - 12 Case :- APPLICATION U/S 482 No. - 144 of 2025 Applicant :- Raj Kumar Gautam @ Raj Kumar And 3 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home And Another Counsel for Applicant :- Ram Singh,Priyanshi Vishwakarma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Supplementary affidavit is taken on record. Sri Ajit Verma, Advocate, has put in appearance for the private opposite party No. 2 and has filed his Vakalatnama, which is taken on record. Heard learned counsel for the parties and perused the record. Instant application has been preferred by the applicant(s) for the following main relief(s):-
"Wherefore, it is most respectfully prayed that this Hon'ble court may kinaly be pleased to quash the impugned chargesheet no.237/2024, dated 26.7.2024,case crime no.545/2023, under section 323,504,506,419,420,467,468,471,120-B I.P.C., P.S-Gangaghat, Distt. Unnao, as well as impugned cognizance and summoning
order dated 14.8.2024, passed by chief Judicial Magistrate,Unnao, in case/C.N.R. No. UPUNO-40281922024 State Vs. Raj Kumar and others, alongwith entire criminal proceedings of the aforesaid case pending in the court of chief Judicial Magistrate, Distt. Unnao against the petitioners, as contained in Annexure no.1 and 2 in the interest of justice on the basis of compromise dt. 1.12.2024 notarised on 4.12.2024."
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. SA-1 to the supplementary affidavit dated 22.01.2025. 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. 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. 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 :- 22.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench