RAM PRASAD YADAV ALIAS RAM PRASAD AND 6 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
/720/2025 · 2025-01-27
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119799 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119799 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:5041 Court No. - 12 Case :- APPLICATION U/S 482 No. - 720 of 2025 Applicant :- Ram Prasad Yadav Alias Ram Prasad And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Amar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 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:-
"Wherefore it is most respectfully prayed that this Hon'ble Court may graciously be pleased : i. To set aside the entire criminal proceedings of Criminal Case No. 122 of 2017 "State Versus Ram Prasad & Others" pending in the Court of Learned Additional Chief Judicial Magistrate- Room No.29, Lucknow arising out of Case Crime No.323 of 2016, under sections-147, 323, 324, 504, 506, I.P.C. Police Station-Bakshi Ka Talab, District-Lucknow. Along with summoning order dated 31.01.2017 and chargesheet dated
1.9.2016. as contained in Annexure No. 1 & 2 to this petition. ii To stay the further proceedings of proceedings of Criminal Case No. 122 of 2017 "State Versus Ram Prasad & Others" pending in the Court of Learned Additional Chief Judicial Magistrate-Room No.29, Lucknow."
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. Criminal Case No.122 of 2017 "State Versus Ram Prasad & Others" pending in the Court of Learned Additional Chief Judicial Magistrate-Room No.29, Lucknow arising out of Case Crime No.323 of 2016, under sections-147, 323, 324, 504, 506, I.P.C. Police Station- Bakshi Ka Talab, District-Lucknow, 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