PRASHANT SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/338/2025 · 2025-01-16
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 117200 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117200 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:2622 Court No. - 12 Case :- APPLICATION U/S 482 No. - 338 of 2025 Applicant :- Prashant Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Farooq Ayoob Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Arun Yadav, learned Advocate has put in appearance by way of filing 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. 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 graciously be pleased to set-aside the impugned summoning order dated 25.07.2024 passed by the Add. Chief Judicial Magistrate court no 17, Barabanki in Case crime no. 667/2022, by means of which the petitioner has been summoned to face 419, 420, 447 I.P.C. and also against the charge sheet no. 159/2024 dated 17.03.2024 submitted by the investigation Officer in crime No. 667/2022, U/S-419, 420,447 I.P.C. at Police Station-Dewa, District-Barabanki, contained as Annexure No.1 & 2 this petition."
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.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. 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 arising out of Case Crime No. 667/2022, under Sections 419, 420, 447 I.P.C., Charge Sheet No.159/2024, dated 17.03.2024 at Police Station-Dewa, District-Barabanki, 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 applicants in the aforesaid case.
Order Date :- 16.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench