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2025 DAILYLAW 119947 (ALL)

OM PRAKASH AND 3 OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/812/2023 · 2025-08-19

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48606 Court No. - 11 Case :- APPLICATION U/S 482 No. - 812 of 2023 Applicant :- Om Prakash And 3 Others Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.,Mohd Wajid Irfan Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties and perused the record. Instant application has been preferred by the applicant(s) for the following main relief(s):- "WHEREFORE, it is most respectfully prayed that this Hon'ble Cou may kindly be pleased to quash the Summoning order dated 15.9.2022 passed b Chief Judicial Magistrate, Unnao and Charge sheet no. 1/2021 date 19.10.2021 in Case no. 6418/2022 Crime no. 426/2021 U/s 354-Ka/35-Kha/323/504/506 IPC, Police Station Ganga Ghat, District Unnao, styled a State...Vs.... Om Prakash and others, contained in Annexure no. 1 and 2 to thi petition." It is stated that on account of matrimonial dispute/discord between husband and wife namely Dibya Kumari (opposite party No. 2) D/o Ram Mohan and Sagar/applicant No. 4, both the side initiated proceedings against each other. It is further stated that during pendency of the proceedings in issue, 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. SA-1 to the Supplementary Affidavit dated 08.05.2025 filed on behalf of the applicants. 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 :- 19.8.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench