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2025 DAILYLAW 119164 (ALL)

AMIT KUMAR CHAUDHARI ALIAS AMIT KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER

A482/656/2025 · 2025-03-05

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13482 Court No. - 12 Case :- APPLICATION U/S 482 No. - 656 of 2025 Applicant :- Amit Kumar Chaudhari Alias Amit Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Ankit Kumar Pandey,Hari Mangal Singh Counsel for Opposite Party :- G.A.,Mrinal Tripathi Hon'ble Saurabh Lavania,J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant(s), learned AGA for the State and learned counsel for the private-opposite party. Instant application under Section 482 Cr.P.C./Section 528 Bharatiya Nagarik Suraksha Sanhita (in short "BNSS") has been filed seeking following main relief :- "to quash the entire criminal proceeding criminal case no 95921/2022 State versus Amit Kumar Chaudhari pending before the Court of Special Chief Judicial Magistrate (Custom), Lucknow initiated against the petitioner in pursuance of the impugned charge sheet dated 20.10.2020 under sections 406 & 411 IPC arising out of First Information Report No.543/2020, under sections 406 IPC, Police Station Gazipur, District Lucknow contained as ANNEXURE NO 1 & 2." 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. SA-1 to the affidavit filed today. 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 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 :- 5.3.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench