ROCKY HANDA v. STATE OF U.P. THRU. PRIN. SECY. (HOME) GOVT. OF U.P. LKO. AND 2 OTHERS
A482/281/2025 · 2025-01-15
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 116786 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116786 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:2398 Court No. - 12 Case :- APPLICATION U/S 482 No. - 281 of 2025 Applicant :- Rocky Handa Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Govt. Of U.P. Lko. And 2 Others Counsel for Applicant :- Vaibhav Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard. The instant application has been filed for the following main relief:-
"That for the facts and reasons stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned charge sheet dated 07-10-2023, Summoning order dated 08-05- 2024 and entire proceeding of the case related with the Case Crime No. 0213 of 2023, Case No. 44588 of 2024 (State of Uttar Pradesh vs Rocky Handa) under section 498A, 323, 504, 506 IPC and 3 / 4 Dowry Prohibition Act at Police Station - Alambagh, Lucknow pending before the Learned Judicial Magistrate- IlIrd, Lucknow. It is further prayed that this Hon'ble Court may graciously be please to stay the further proceedings of the above mentioned case till the pendency of the application."
Learned counsel for the applicant 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 No. 44588 of 2024 (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 applicant 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, 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 in the aforesaid case.
Order Date :- 15.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench