Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 115024 (ALL)

SITA DEVI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/120/2025 · 2025-01-23

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:4608 Court No. - 12 Case :- APPLICATION U/S 482 No. - 120 of 2025 Applicant :- Sita Devi And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Suresh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Amit Kumar Singh, learned Advocate has filed his Vakalatnama on behalf of opposite party no.2, which is taken on record. Heard learned counsel for the applicant, learned Counsel for the opposite party no.2, learned AGA for the State and perused the record. The instant application has been filed for the following main relief:- "Wherefore, it is most humbly and respectfully prayed that the Hon'ble Court may kindly be pleased to set-aside/quash the entire criminal proceedings of Case No. 1379/2003 (State vs. Ganga Prasad Gupta and others) arising out of impugned chargesheet No.191/1991 filed by investigating officer against the applicants/petitioners in Case Crime No. 461/1991 under Sections 323, 324 & 325 IPC pertaining to Police Station- Aliganj, District Lucknow which is pending before the court of learned Additional Chief Judicial Magistrate- First, Lucknow as well as cognizance/summoning order dated 20.07.1992 passed by the court of learned Additional Chief Judicial Magistrate- First, Lucknow on the basis of compromise which was held in between the parties on 24.12.2024." Learned counsel for the applicants submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise. 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, the instant application is disposed of finally in following terms:- (i) The parties to the proceedings i.e.Case No.Case No. 1379/2003 (supra), shall appear before the concerned Court within six weeks' from today and file the compromise. (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 weeks' 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 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, 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 in the aforesaid case. Order Date :- 23.1.2025 Reena/- Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench