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2025 DAILYLAW 115933 (ALL)

PRINCE SHUKLA AND 8 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 4 OTHERS

A482/317/2025 · 2025-01-16

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2744 Court No. - 12 Case :- APPLICATION U/S 482 No. - 317 of 2025 Applicant :- Prince Shukla And 8 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 4 Others Counsel for Applicant :- Anoop Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants, learned AGA for the State of U.P. and gone through the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire criminal proceeding of Crl. Case No. 10339/2019 "State versus Prince Shukla and Others" arising out of case crime no.126/2019, U/S 147/323/504/506/427/452 I.P.C., registered at Police Station - Kotwali Nagar, District - Gonda on the basis of compromise deed dated 04/01/2025 settled between the parties, pending before the Chief Judicial Magistrate, Gonda as well as other consequential proceeding arising out of the aforesaid case, in the interest of justice, as contained in Annexure No. 1,2 &3 to this petition." Learned counsel for the applicants has 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.3 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 i.e. Crl. Case No.10339/2019 "State versus Prince Shukla and Others", arising out of case crime No.126/2019, U/S 147/323/504/506/427/452 I.P.C., registered at Police Station - Kotwali Nagar, District - Gonda, pending before the Chief Judicial Magistrate, Gonda, 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 four 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 applicants to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise to the Counsel for the applicants, 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 applicants in the aforesaid case. Order Date :- 16.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench