UMESH AND 6 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/741/2025 · 2025-01-28
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119765 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119765 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:5620 Court No. - 12 Case :- APPLICATION U/S 482 No. - 741 of 2025 Applicant :- Umesh And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Virendra Vikram Singh,Diwakar Singh,Virendra Pratap Rana Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard. Instant application has been preferred by the applicant(s) for the following main relief(s):-
"i. To set aside the entire criminal proceedings of Criminal Case No. 123 of 2017
"State Versus Umesh & Others" pending in the Court of Learned Additional Chief Judicial Magistrate-Room No.29, Lucknow arising out of Case Crime No. 324 of 2016, under sections-147, 323, 325, 504, 506, I.P.C. Police Station-Bakshi Ka Talab, District-Lucknow. Along with summoning order dated 31.01.2017 and chargesheet dated 2.9.2016. as contained in Annexure No. 1 & 2 to this petition. ii. To stay the further proceedings of proceedings of Criminal Case No. 123 of 2017 "State Versus Umesh & Others" pending in the Court of Learned Additional Chief Judicial Magistrate-Room No. 29, Lucknow."
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. 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 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