DEEP NARAYAN @ DEEPNARAYAN LOHAR @ DEEPNARAYAN VISHWAKARMA AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/719/2025 · 2025-01-27
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119664 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119664 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:5042 Court No. - 12 Case :- APPLICATION U/S 482 No. - 719 of 2025 Applicant :- Deep Narayan @ Deepnarayan Lohar @ Deepnarayan Vishwakarma And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Awanish Kumar Upadhyay, 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:-
"The humble petitioners named above named, most respectfully begs to submit that for the fact, reason and circumstances as stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the entire proceedings of Special Session Trial no 20/2016 "State Versus Deep Narayan Lohar and 6 others", arising out of Case Crime No. 135/2012, under sections- 147/352/504/506 I.P.C. and 198A Z. L. R. Act and 3(1)(X) SC/ST Act, relating to Police Station- Bhiti, District- Ambedkar Nagar, having Special Session Trial no 20/2016, pending in the court of learned Special Judge SC/ST Act, Ambedkar Nagar as well as impugned charge sheet no. 11/2012 dated 17/07/2012 (contained as Annexure no 3 to this petition) as well as impugned order dated 10/09/2012 (Contained as Annexure No. 1 to this petition), on the basis of the compromise in the interest of law and justice."
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.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 i.e. Special Session Trial No.20/2016 "State Versus Deep Narayan Lohar and 6 others", arising out of Case Crime No. 135/2012, under sections - 147/352/504/506 I.P.C. and 198A Z. L. R. Act and 3(1)(X) SC/ST Act, relating to Police Station- Bhiti, District- Ambedkar Nagar, pending in the Court of learned Special Judge SC/ST Act, Ambedkar Nagar, 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 :- 27.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench