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2025 DAILYLAW 117873 (ALL)

VIJAY PAL SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT. OF U.P. LKO. AND ANOTHER

A482/427/2025 · 2025-01-20

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3335 Court No. - 12 Case :- APPLICATION U/S 482 No. - 427 of 2025 Applicant :- Vijay Pal Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. And Another Counsel for Applicant :- Shiv Pal Singh,Ashwani Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Pawan Kumar Nigam, 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):- "WHEREFORE, it is most humbly and respectfully prayed that the Hon'ble Court may kindly be pleased to set-aside/quash the entire proceedings of Case No. 14737/2021 (State Versus Vijay Pal Singh) arising out of impugned charge-sheet No. A- 82/2021, dated 25.03.2021 filed by the investigating officer in Case Crime No. 387/2020, Under Section-419, 420, 467, 468 & 471 I.P.C. pertaining to Police Station-Kotwali Bhinga, District- Shrawasti and impugned cognizance/summoning order dated 13.10.2021 passed by the court of learned Chief Judicial Magistrate, Shrawasti by which applicant/petitioner has been summoned for facing of trial under the aforesaid sections and is pending before the court of learned Chief Judicial Magistrate, Shrawasti on the basis of compromise which was held on 13.12.2024 in between the parties, as contained in Annexure No. 1, 2 & 4 respectively to this petition, in the interest of justice." 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. 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 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