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2025 DAILYLAW 118201 (ALL)

KASHI PRASAD AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/422/2025 · 2025-01-20

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3543 Court No. - 12 Case :- APPLICATION U/S 482 No. - 422 of 2025 Applicant :- Kashi Prasad And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sanjai Kumar Singh Counsel for Opposite Party :- G.A.,Sushil Kumar Misra Hon'ble Saurabh Lavania,J. Sri Sushil Mishra, 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 respectfully prayed that this Hon'ble Court may graciously be pleased to set aside/quash the Impugned order dated 02.06.2023 Passed by the learned Additional Sessions and district Judge/Special Court P.C. 4 District- Lucknow In Sessions trial no. 1771/2023 "State Vs Kashi Prasad & others" in which the charges have been framed against the petitioners in relation to the case crime No. 143/17 under section 323,504,506,308 I.P.C P.S.-Sarojni Nagar, District-Lucknow along with the entire proceeding of the case related to the above case crime number and/ or pass any other suitable order in favour of the petitioners which this Hon'ble Court may deem fit and proper for the ends of justice." 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, an FIR was lodged from the side of the opposite party No. 2 on 27.02.2017 at about 19.15 hours registered as FIR No. 0143/2017, under Sections 323, 504, 506, 308 IPC, Police Station- Sarojni Nagar, District- Lucknow and another FIR was lodged from the side of the applicants on 28.02.2017 at about 14.20 hours registered as FIR No. 0147/2017, under Sections 147, 323, 504, 506, 452 IPC, Police Station- Sarojni Nagar, District- Lucknow. It is further stated that during pendency of the cases arising out of FIR Nos. 0143 dated 27.02.2017 and 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. 4 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