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2025 DAILYLAW 117687 (ALL)

RAJ KUMAR AND 2 OTHERS v. STATE OF U.P. THRU SECY HOME CIVIL SECY AND ANOTHER

A482/332/2022 · 2025-01-21

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3981 Court No. - 12 Case :- APPLICATION U/S 482 No. - 332 of 2022 Applicant :- Raj Kumar And 2 Others Opposite Party :- State Of U.P. Thru Secy Home Civil Secy And Another Counsel for Applicant :- Anil Kumar Pandey Counsel for Opposite Party :- G.A.,Sanjay Kumar Yadav Hon'ble Saurabh Lavania,J. 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):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the criminal proceeding of Criminal Case No. 472/2021 pending before the court of Additional Chief Judicial Magistrate, Court No. 19 Barabanki arising out of charge- sheet filed by police in Crime No. 158/2018 relating to Police Station- Loni Katra, District - Barabanki against the Petitioners. It is further prayed that charge-sheet filed before the court of Additional Chief Judicial Magistrate, Court No. 19 Barabanki in Case Crime No. 158/2018 under Sections-498-A/323/504/506 of I.P.C. and Sections 3/4 of Dowry Prohibitions Act against petitioner no. 1 & 2 as well as U/Ss-498-A I.P.C. and Sections 3/4 of Powry Prohibitions Act against petitioner no. 03, relating to Police Station Loni Katra, District Barabanki may kindly be quashed as contained in Annexure No. 01 to this petition. It is also prayed that summoning order dated 08.08.2019 passed by the Learned Magistrate as well as subsequent orders issuing coercive process against the Petitioners in pursuant to summoning order dated 08.08.2019 passed in Criminal Case No. 472/2021 pending before the court of Additional Chief Judicial Magistrate, Court No. 19 Barabanki arising out of Crime No. 158/2018 relating to Police Station- Loni Katra, District Barabanki against the Petitioners may also be quashed as contained in Annexure No. 02 to this petition. It is also prayed that further proceeding of Criminal Case No. 472/2021 pending before the court of Additional Chief Judicial Magistrate, Court No. 19 Barabanki arising out of charge-sheet filed in Crime No. 158/2018 relating to Police Station- Loni Katra, District - Barabanki, as well as operation and implementation of order dated 08.08.2019 passed by learned magistrate may kindly be stayed against the Petitioners during the pendency of present petition. It is further prayed that the learned trail court may kindly be directed not to take any coercive measures against the Petitioners during the pendency of present petition before this Hon'ble Court." Learned counsel for the applicant(s) 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. A-01 to the affidavit dated 04.12.2024. 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 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 :- 21.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench