DINESH VERMA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
/206/2025 · 2025-01-13
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 116052 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116052 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:2302 Court No. - 12 Case :- APPLICATION U/S 482 No. - 206 of 2025 Applicant :- Dinesh Verma And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Pranav Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Shri Anil Kumar Sharma, Advocate, has put in appearance for the private opposite party no.2 by filing his Vakalatnama, which is taken on record. 2. Heard learned counsel for the applicant(s), learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record. 3. The present petition under Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief(s):-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned Charge Sheet No.282/2020, dated 08.07.2020, in Case No.750/2020 (State V/s Dinesh Verma and others), in Case Crime No.270/2020, under section 307, 323, 504, 506 IPC against petitioner no.1 and 2 and section 504, 506 IPC against the petitioner no.3 relating to Police Station -Kotwali, District-Unnao, pending in the court of District Judge, Unnao including entire proceedings initiated in pursuance thereof, Annexure No.2 to the Petition. It is further prayed that this Hon'ble court may kindly be pleased to quash the entire proceeding of Case No.750/2020 (State V/s Dinesh Verma and others), in Crime No.270/2020, Under Section 307, 323, 504, 506 IPC relating to Police Station -Kotwali, District-Unnao, pending in the District Judge, Unnao, on the basis of compromise, in the interest of justice."
4. It is stated that on account of petty dispute between the parties an altercation took place on 22.05.2020 and an FIR No.0270 was lodged on 22.05.2020 by applicant no.2-Maiku Verma against the opposite party no.2 and three others, which was registered under Section 307 I.P.C. at P.S. Kotwali, District- Unnao, and another FIR No.0271 was lodged on the next day, i.e. 23.05.2020 by opposite party no.2 -Monu Verma @ Manish against the applicants under
Sections 452, 323, 504 and 506 I.P.C. In relation to FIR No.0270 of 2020 the charge sheet was filed under Sections 307, 323, 504 and 506 I.P.C. though the injuries sustained by the injured were not with intention to cause death and in fact injured sustained injuries on account of sudden altercation took place between the parties.
In relation to FIR No.0271 of 2020 the charge sheet was filed under Sections 52, 323, 504 and 506 I.P.C.
5. It is stated that during pendency of the trial before the concerned court both the parties have entered into compromise and have amicably settled their dispute outside the Court 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. 6. 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. 7. 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 weeks 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 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 applicant(s) to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise, if any, 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(s) in the aforesaid case. Order Date :- 13.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench