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2025 DAILYLAW 116148 (ALL)

INDRAMANI DUBEY AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/207/2025 · 2025-01-13

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2269 Court No. - 12 Case :- APPLICATION U/S 482 No. - 207 of 2025 Applicant :- Indramani Dubey And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ram Prakash Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Shri Rakesh Dwivedi, 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.Nil/2013, dated 27.10.2013, in Crl. Case No.171/2023 (State Vs. Indramani Dubey and others), in N.C.R. No.03/2013, Under Section 323, 504 IPC relating to Police Station -Karaundi Kala, District- Sultanpur, pending in the Civil Judge (S.D.) F.T.C., Sultanpur including entire proceedings initiated in pursuance thereof, contained in Annexure No.1 to the Petition. It is further prayed that this Hon'ble court may kimilly be pleased to quash the entire proceeding of Crl. Case No 171/2023 (State Vs. Indramani Dubey and here, in N.C.R. No.03/2013, Under Section 323, 504 IPC relating to Police Station -Karaundi Kala, District- Sultanpur, pending in the Civil Judge (S.D.) F.T.C.. Sultanpur, during pendency of the aforesaid petition, in the interest of justice." 4. 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.4 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. 5. 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. 6. 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