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2025 DAILYLAW 119745 (ALL)

SATEESH KUMAR ALIAS SATISH VERMA AND ANOTHER v. THE STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/679/2025 · 2025-01-27

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4990 Court No. - 12 Case :- APPLICATION U/S 482 No. - 679 of 2025 Applicant :- Sateesh Kumar Alias Satish Verma And Another Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Krishna Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Jitendra Giri, learned Advocate has filed his Vakalatnama on behalf of opposite party no.2, which is taken on record. Heard learned counsel for the applicants, learned Counsel for the opposite party no.2, learned AGA for the State and perused the record. The instant application has been filed for the following main relief:- "WHEREFORE it is most respectfully prayed that in the above noted facts and circumstances, this Hon'ble court may kindly be pleased to quash the cognizance and summoning order dated 20.07.2024 passed by the Judicial Magistrate-I, Hardoi as well as for quash the charge sheet dated 19.07.2023 filed under section 406, 420, 504, 506 IPC relating Case Crime No.267/2023 under section 406, 420, 504, 506 IPC, Police Station Lonar, District - Hardoi on the basis of compromise dated 09.09.2024 and the present petition may kindly be allow and further criminal proceeding against the petitioners may kindly be terminated, in the interest of justice." Learned counsel for the applicants submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise. 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. Case Crime No.267/2023 (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) Office is directed to provide original compromise, if any, 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 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench