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2025 DAILYLAW 118969 (ALL)

SANDEEP KUMAR @ SANDEEP AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/515/2025 · 2025-01-21

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3601 Court No. - 12 Case :- APPLICATION U/S 482 No. - 515 of 2025 Applicant :- Sandeep Kumar @ Sandeep And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Syed Mohammad Abuzar Zaidi,Atul Kumar Trivedi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that in view of the facts, reasons and circumstances stated herein above, it is expedient and necessary in the interest of justice that this Hon'ble Court may graciously be pleased to quash the proceedings of Criminal Case No.90570/2019 arising out of Charge Sheet No. 01, dated 07.07.2019, filed in Case Crime No.0074/2019, Under Sections- 498- A/323/504 I.P.C. and 3/4 Dowry of prohibition Act 1961, Police Station - Nigoha, District- Lucknow, pending before Additional Chief Judicial Magistrate- Ist, Lucknow (State of U.P. Versus Sandeep and others) in the interest of justice." Learned counsel for the applicants submitted that both the parties have amicably settled their dispute outside the Court, which is matrimonial in nature and have entered into a compromise. It is further stated that opposite party no.2 before the trial court has also stated that in terms of the settlement arrived between the parties, she does not want to continue the pending proceedings. 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. Criminal Case No.90570/2019, (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 applicants 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 applicants in the aforesaid case. Order Date :- 21.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench