SHASHI KHURANA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/154/2025 · 2025-01-15
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 115168 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 115168 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:2433 Court No. - 16 Case :- APPLICATION U/S 482 No. - 154 of 2025 Applicant :- Shashi Khurana Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Vakalatnama filed by Shri Suresh Kumar Mishra, Advocate on behalf of respondent no.2 is taken on record. Heard learned counsel for the applicant, learned counsel for respondent no.2 and learned A.G.A. for respondent State. The present application has been filed by the applicant for quashing of the entire criminal proceedings of Complaint Case No.440 of 1992 (Now complaint case No.440/2007) under Section 323, 325, 452, 504 and 506 Indian Penal Code, Police Station Aliganj, District Lucknow.
Learned counsel for the applicant submits that the dispute between the parties have been amicably settled outside the court by way of compromise. The original copy of the compromise deed dated 24.12.2024 is on record as Annexure-3 to the application.
Learned counsel appearing for respondent no.2 does not dispute the above facts rather he concedes the same. It is jointly prayed by the parties' counsel that on the basis of compromise the proceedings impugned are liable to be quashed. Learned A.G.A. has no objection, however, he submits that it will be appropriate that compromise is verified first by the competent court and only then any further orders may be passed.
On due consideration of the arguments advanced by the parties' counsel and perusal of the record and considering the law laid down by Hon'ble Supreme Court of India in the case of Gian Singh vs. State of Punjab, 2012 AIR SCW 5333, the petition is disposed of directing the parties to appear before the learned trial court on 30.1.2025 for verification of the compromise dated 30.1.2025. Learned trial court shall verify the contents of the compromise in the presence of parties within a period of one week thereafter and provide a copy of verification report to the parties. The proceedings impugned (supra) shall be kept in abeyance for the period of two months from today. It will be open for the applicant to approach this Court again for quashing of the proceedings by filing a fresh petition along with verification report given by the learned trial court and also the compromise entered between the parties. Office is directed to return original copy of the compromise to learned counsel for the applicant after keeping the photocopy of the same on record.
Order Date :- 15.1.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench