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2025 DAILYLAW 115423 (ALL)

TARUN KUMAR DINKAR AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO. AND ANOTHER

A482/138/2025 · 2025-02-11

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9604 Court No. - 12 Case :- APPLICATION U/S 482 No. - 138 of 2025 Applicant :- Tarun Kumar Dinkar And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Ajeet Kumar Mishra,Utkarsh Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Akhilesh Mishra, Advocate has put in appearance for the private opposite party No. 2.. and has filed Vakalatnama, which is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Akhilesh Mishra, learned counsel for the opposite party No. 2. Instant application under Section 482 Cr.P.C./Section 528 Bharatiya Nagarik Suraksha Sanhita (in short "BNSS") has been filed seeking following main relief: "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceeding of Criminal Case No.118968 of 2022 (State Vs. Tarun Kumar Dinkar and Another) under section 498A,323,406 IPC 3/4 D.P.Act in Case Crime No. 84/2021, PS- Mahila Thana, District Lucknow Central, Commissionerate, Lucknow pending before the learned Civil Judge (JD)/FTC-50 (offence against women) Lucknow, in the interest of justice. As an interim measure to stay the further proceeding of Criminal Case No. 118968/2022 (State Vs. Tarun Kumar Dinkar & Another) under section 498A,323,406 IPC 3/4 D.P.Act in Case Crime No. 84/2021, PS-Mahila Thana, District Lucknow Central, Commissionerate, Lucknow pending before the learned Civil Judge (JD)/FTC-50 (offence against women) Lucknow, during the pendency of instant petition, in the interest of justice." 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. 5 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. 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 certified 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 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 in the aforesaid case. Order Date :- 11.2.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench