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2025 DAILYLAW 115524 (ALL)

Ashish Singh and 2 others v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. , LUCKNOW AND ANOTHER

/148/2025 · 2025-01-13

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2170 Court No. - 12 Case :- APPLICATION U/S 482 No. - 148 of 2025 Applicant :- Ashish Singh And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. , Lucknow And Another Counsel for Applicant :- Bhupendra Prakash,Manish Kumar Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants, Sri Shailesh Kumar, 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 respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the impugned Charge sheet dated 10-6-20 filed in Case Crime No. 0147 of 2020, under sections 323, 498-A I.P.C. & 3/4 of D.P. Act, Police Station- Kotwali, District Barabanki, further prayed that this Hon'ble Court be pleased to set aside the entire proceeding of Case Crime No. 0147 of 2020, under sections 323, 498-A LP.C. & 3/4 of D.P. Act, Police Station- Kotwali, District Barabanki pending before the Learned Court of C.J.M, Barabanki as those legally barred by exercising the inherent power as provided to this Hon'ble Court under section 482 Cr.P.C. in the interest of justice." 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 Crime No. 0147 of 2020 (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 applicants to approach this Court again for quashing of the proceedings. (vi) For a period of eight weeks, no coercive action shall be taken against the applicants in the aforesaid case. Order Date :- 13.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench