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2025 DAILYLAW 119268 (ALL)

ABHISHEK PURI AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/650/2025 · 2025-01-24

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4863 Court No. - 12 Case :- APPLICATION U/S 482 No. - 650 of 2025 Applicant :- Abhishek Puri And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Dheeraj Awasthi,Shreet Raj Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Devak Verdhan, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2, which is taken on record. Heard learned counsel for the applicants, learned AGA for the State of U.P. and gone through the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief:- "I.To pass an order thereby quashing the impugned summoning order dated 09.09.2024 (ANNEXURE NO. 3), charge sheet dated 30.01.2024 (ANNEXURE NO. 2), as well as entire proceedings of the Case No. 83253 of 2024, concerning Case Crime No.593 of 2023, under Sections 498A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Sushant Golf City, District Lucknow, pending in the court of Learned Chief Judicial Magistrate, Lucknow [State versus Abhishek Puri & Others], on the basis of the compromise and amicable settlement of the dispute between the parties dated 20.01.2025 (ANNEXURE NO. 4" Learned counsel for the applicants has 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.4 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 i.e.Case No.83253 of 2024, arising out of Case Crime No.593 of 2023, under Sections 498A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Sushant Golf City, District Lucknow, pending in the court of Learned Chief Judicial Magistrate, Lucknow [State versus Abhishek Puri & Others], 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 four 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 applicants to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise to the Counsel for the applicants, 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 applicants in the aforesaid case. Order Date :- 24.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench