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2025 DAILYLAW 119114 (ALL)

MR. GOPAL SETHI v. STATE OF U.P. THRU. PRIN. SECY. OF HOME LKO AND ANOTHER

A482/778/2025 · 2025-01-28

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5446 Court No. - 12 Case :- APPLICATION U/S 482 No. - 778 of 2025 Applicant :- Mr. Gopal Sethi Opposite Party :- State Of U.P. Thru. Prin. Secy. Of Home Lko And Another Counsel for Applicant :- Mamta Singh,Abhimanyu Singh Yadav,Aditya Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant, learned AGA for the State of U.P., Sri Abhishek Anand, learned counsel for the opposite party No. 2 and perused the record. Instant application has been preferred by the applicant(s) for the following main relief(s):- "1) Allow the present Petition of the Petitioner to Quash the entire proceedings of Criminal Case bearing Warrant Filing No is 117637/2022 or Summons Criminal Case No. 94968/2022, titled as "State of U.P. Vs. Dilnawaz & Ors.", with respect to Impugned Charge-Sheet dated 31.10.2021 under Section (s) 323, 504 & 506 of the Indian Penal Code, 1860, which is pending before the Hon'ble Court of Ld. Chief Judicial Magistrate, District - Lucknow; 2) Allow the present Petition of the Petitioner to Quash the Impugned Summoning Order dated 11.10.2022 and Impugned Charge-Sheet dated 31.10.2021 under Section (s) 323, 504 and 506 of the Indian Penal Code, 1860 arising out of F.I.R. bearing Case Crime No. 0282 /2021, dated 02.08.2021, under Section (s) 147, 323, 504 and 506 of the Indian Penal Code, 1860, P.S. Sushant Golf City, District - Lucknow (annexed as Annexure No. 1 & 2 to this Petition)." 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. 5 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 :- 28.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench