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2025 DAILYLAW 116997 (ALL)

AFAAK v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME AND ANOTHER

A482/333/2025 · 2025-01-16

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2626 Court No. - 12 Case :- APPLICATION U/S 482 No. - 333 of 2025 Applicant :- Afaak Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home And Another Counsel for Applicant :- Zubair Hasan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Shakeel Ahmad, learned Advocate has filed short counter affidavit and he has also filed his Vakalatnama on behalf of opposite party no. 2, which is taken on record. Heard learned counsel for the applicant, learned AGA for the State of U.P. as well as learned counsel for the opposite party No.2 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 kindly be pleased to set aside the criminal proceeding in term of FIR under section 440, 427, 504, 506 IPC and 3 (1) (x) SC/ST Act, registered as Case Crime No.220 of 2016 at Police Station Sandila District Hardoi pending before the learned Additional Session Judge/Special Judge SC/ST Act Hardoi as Special Trial No.920/2016, in light of judgment passed by Hon'ble Apex Court in case of Ram Avtar Versus State of Madhya Pradesh reported in (2021) 10 SCR 499. Stay the criminal proceeding which is being initiated under section 440, 427, 504, 506 IPC and 3 (1) (x) SC/ST Act, registered as Case Crime No.220 of 2016 at Police Station Sandila District Hardoi pending before the learned learned Additional Session Judge/Special Judge SC/ST Act Hardoi as Special Trial No.920/2016." Learned counsel for the applicant 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. Special Trial No. 920/2016, which has arisen out of FIR/Case Crime No. 220 of 2016, under section 440, 427, 504, 506 IPC and 3 (1) (x) SC/ST Act, at Police Station Sandila District Hardoi, pending before the learned Additional Session Judge/Special Judge, SC/ST Act, Hardoi, 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 applicant in the aforesaid case. Order Date :- 16.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench