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2025 DAILYLAW 115949 (ALL)

AMRIT LAL HAVELIYA AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

/258/2025 · 2025-01-13

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2123 Court No. - 13 Case :- APPLICATION U/S 482 No. - 258 of 2025 Applicant :- Amrit Lal Haveliya And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Pranshu Agrawal,Chandan Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record. 2. This application under Section 482 Cr.P.C. has been filed for quashing the impugned Charge sheet vide Sessions Trial No. 1110 / 2006, arisen out from FIR /Crime No. 96 / 2003, U/s 452 / 504 / 506 / 308 I.P.C. and Section 323 r/w Section 34 I.P.C., P.S. - Kaiserbagh, District - Lucknow, pending in the Court of Special Judge, P.C. Act, Court No. 6, Lucknow, and the Cognizance Order dated 07-07-2003, along with the other consequential proceedings. 3. Learned counsel for the applicants submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.9 to the application. 4. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned as such compromise has to be duly verified in presence of the parties concerned before the Court. 5. Accordingly, this application is disposed of with a direction to the trial court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. 6. The court concerned in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. 7. For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case. 8. Office is directed to return the original compromise deed to the learned counsel for the applicants, after taking the photocopy of the same. Order Date :- 13.1.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench