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2025 DAILYLAW 119980 (ALL)

ARUN KASHYAP AND 2 OTHERS v. STATE OF U.P. PRIN. SECY. HOME CIVIL SECTT. LKO AND ANOTHER

A482/769/2025 · 2025-01-28

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5597 Court No. - 12 Case :- APPLICATION U/S 482 No. - 769 of 2025 Applicant :- Arun Kashyap And 2 Others Opposite Party :- State Of U.P. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Virendra Kumar Tripathi,Devendra Kumar,Jai Prakash Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Vakalatnama filed by Sri Prashant Kumar Srivastava, Advocate on behalf of the private opposite party No. 2 in the Court today is taken on record. 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):- "i. Issue an order or direction for quashing of impugned the Chargesheet dated 20. 12. 2020 (Contained herein as Annexure No.2), under section 323, 498-A of I. P. C. and section 3/4 of D. P. Act, 1961 arising out of F.I.R./Case crime no. 047/2020, relating to Police Station Hasanganj, District Lucknow, as well as impugned summoning order (Contained herein as Annexure No.3). dated 11. 02. 2021, passed by Learned Judicial Magistrate 2nd, Lucknow in Cri. case No. 6616/2021, State of U.P. Versus Arun Kashyap and others, arising out of F.I.R./Case Crime No. 047/2020 under section 323, 498-A of I. P. C. ana sec. 3/4 of D. P. Act, 1961, relating to Police Station - Hasanganj, District - Lucknow aswith well as entire proceeding of Cri. case No. 6616/2021, 'State of U.P. Versus Arun Kashyap and others, arising out of F.I.R./Case Crime No. 047/2020 under section-323, 498-A of I. P. C. and Sec. 3/4 of D. P. Act, 1961, relating to Police Station - Hasanganj, District - Lucknow, presently pending before the Learned Judicial Magistrate 1st, Lucknow, inthe light of Compromise deed (Annexure No. 4) dated 17.01.2025, so far it relate to the present applicants. ii. It is further prayed that this Hon'ble Court may also kindly be pleased to stay the further proceeding of the Cri. case No. 6616/2021, 'State of U. P. Versus Arun Kashyap and others, arising out of F.I.R./ Case Crime No. 047/2020 under section-323, 498-A of I. P. C. and sec. 3/4 of D. P. Act, 1961, relating to Police Station Hasanganj, District - Lucknow, presently pending before the court of Learned Judicial Magistrate 1st, Lucknow during pendency of the instant Application otherwise the Applicants would suffer an irreparable loss and injury." 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