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2025 DAILYLAW 118498 (ALL)

PRIYANSHU SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/500/2025 · 2025-01-21

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3602 Court No. - 12 Case :- APPLICATION U/S 482 No. - 500 of 2025 Applicant :- Priyanshu Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Shivam Srivastava,Akansha Pathak,Vikas Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Akash Tiwari and Subhash Pandey, learned Advocates has filed their Vakalatnama on behalf of opposite party no.2, which is taken on record. Heard learned counsel for the applicant, learned Counsel for the opposite party no.2, learned AGA for the State and perused the record. The instant application has been filed for the following main relief:- "i. To quash of the impugned summoning order dated 23.12.2022 passed by learned Additional Chief Judicial Magistrate II, Lucknow in Session Case No. 127015 of 2022 (State Vs. Priyanshu Singh) arising out of Case Crime No. 710 of 2021, Under Section 406/504/506 I.P.C, Police Station- Vibhuti Khand, District- Lucknow North (Commissionerate Lucknow), contained as Annexure no. 1, in the interest of justice. ii. To quash of the charge sheet dated 13.07.2022 as well as entire proceeding of Session Case No. 127015 of 2022 (State Vs. Priyanshu Singh) arising out of Case Crime No. 710 of 2021, Under Section 406/504/506 I.P.C, Police Station- Vibhuti Khand, District-Lucknow North (Commissionerate Lucknow) pending in the court of learned Additional Chief Judicial Magistrate II, Lucknow, contained as Annexure no. 2, in the interest of justice." Learned counsel for the applicant submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise. 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, the instant application is disposed of finally in following terms:- (i) The parties to the proceedings i.e. Case Crime No. 710 of 2021, (supra), shall appear before the concerned Court within six weeks' from today and file the compromise. (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 weeks' 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 to approach this Court again for quashing of the proceedings. (vi) For a period of eight weeks, no coercive action shall be taken against the applicant in the aforesaid case. Order Date :- 21.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench