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2025 DAILYLAW 117541 (ALL)

PUTTI SINGH AND ORS. v. THE STATE OF U.P THRU PRINCIPAL SECY. HOME LUCKNOW AND ANR.

A482/5860/2013 · 2025-05-01

Ajai Kumar Srivastava I

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25231 Court No. - 27 Case :- APPLICATION U/S 482 No. - 5860 of 2013 Applicant :- Putti Singh And Ors. Opposite Party :- The State Of U.P Thru Principal Secy. Home Lucknow And Anr. Counsel for Applicant :- Manoj Kumar Misra Counsel for Opposite Party :- Govt. Advocate Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard Sri Manoj Kumar Mishra, learned counsel for the applicants and learned A.G.A. for the State. 2. The instant application has been filed by the applicants for quashing the entire proceedings arising out of Crime No.240/09, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Katra Bazar, District Gonda. 3. Learned counsel for the applicants has submitted that there is serious matrimonial discord between applicant No.3 and opposite party No.2, due to which, the instant false case came to be lodged against the present applicants. His further submission is that nothing as alleged has been committed by the applicants, however, the applicants and the complainant/opposite party no.2 have entered into a compromise on 12.02.2013. He has drawn attention of this Court to the fact that on the basis of the said compromise, the trial Court has passed order dated 19.03.2013 in O.S. No.877 of 2009. His further submission is that they have settled their dispute amicably out of the Court and have decided not to contest the case against each other. Copy of the compromise dated 12.02.2013 is on record as Annexure No.5 to the instant application. 4. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below, as such, compromise has to be duly verified in presence of the concerned parties before the court below. 5. Accordingly, this application is finally disposed of with a direction to the court concerned that if any such compromise is filed before it, notices be issued to all the signatories to the compromise requiring their presence and, thereafter, to proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court concerned and the compromise will be made part of the record. 6. The court concerned in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. 7. The Registry of the Court is directed to return the original documents annexed with the instant application to the learned counsel for the applicants after retaining a photocopy of the same on record. 8. During the process of verification of the aforesaid compromise, summoning order passed against the applicants pursuant to Crime No.240/09, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Katra Bazar, District Gonda, shall not be given effect to qua the present applicants. Order Date :- 1.5.2025 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench