BUDDHILAL YADAV AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER
A482/354/2025 · 2025-01-20
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 117411 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117411 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:3551 Court No. - 12 Case :- APPLICATION U/S 482 No. - 354 of 2025 Applicant :- Buddhilal Yadav And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Sushil Kumar Misra,Ajeet Nath Srivastava,Ashish Tripathi,Vishnu Kant Dwivedi Counsel for Opposite Party :- G.A.,Sanjai Kumar Hon'ble Saurabh Lavania,J. Sri Sanjai Kumar Singh, Advocate, has put in appearance for the private opposite party No. 2 and has filed his Vakalatnama, which is taken on record. Heard learned counsel for the parties and perused the record. Instant application has been preferred by the applicant(s) for the following main relief(s):-
"
अतत ममनननय नयमयमलय सस ननवसदन हह वमद सस0-54166/2017,
अपरमध ससखयम-147/2017, अस0 धमरम-323,504,506,452,325,308
आई० पन० सन० थमनम- सररजनननगर, जनपद-लखनऊ
नयमयमलय नवशसष नयमयमधनश पन०सन० एकट चततथर, लखनऊ,
सरकमर -
बनमम -
बतदनलमल यमदव
आनद मम लममबत वमद मम आररप-
पत (
ससलगक सस0-2) नदननक- 20.08.2017 व ससजमनमदसश (
ससलगक सस0-3)
नदननक 07.11.2017
तथम वमद कक अनगम कमयरवमहन कर अपमसत नकयस जमनस हसतत
आदसश पमररत करनस कक कक पम करम।" It is stated that without premeditation of mind, an altercation occurred/took place between the parties on 27.02.2017 at about 16.30-17.00 hours and therefore, the FIR in issue was lodged by the opposite party No. 2 on 28.02.2017 registered as FIR No. 0147/2017, under Sections 147, 323, 504, 506, 452 IPC at Police Station- Sarojni Nagar, District- Lucknow. It is further stated that during pendency of the cases arising out of FIR No. 0147 dated 28.02.2017, detailed above, the parties have compromised the matter amicably, as would appear from the original deed of settlement/compromise annexed as Annexure No. 5 to the instant application. As such, keeping in view the settlement/compromise 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 in issue 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 two 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 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 :- 20.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench