MOOLCHANDRA v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/744/2025 · 2025-01-30
Om Prakash Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120110 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120110 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:6377 Court No. - 30 Case :- APPLICATION U/S 482 No. - 744 of 2025 Applicant :- Moolchandra Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sudhir Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J.
1. Vakalatnama filed by Shri Devesh Bahadur Singh, Advocate on behalf of opposite party No.2 is taken on record.
2. Heard Shri Sudhir Kumar Rai, learned counsel for the applicant, Shri Devesh Bahadur Singh, learned counsel for opposite party No.2 and Shri Arun Pandey, learned A.G.A. for State-opposite party No.1.
3. The present application has been filed by the applicant namely Moolchandra for quashing of the summoning order dated 10.05.2024 passed in Criminal Case No.1320/2022 under Section 406 I.P.C by Judicial Magistrate, Purva, Unnao relating to Police Maurawan, District-Unnao; Sayyed Shahid Hussain vs. Moolchandra.
4. Learned counsel for the applicant submits that dispute between the parties have been amicably settled outside the court by way of compromise. The original copy of the compromise deed dated 16.01.2025 is on record as Annexure-4 to the application.
5. Learned counsel appearing for opposite party No.2 does not dispute the above facts rather he concedes the same.
6. It is jointly prayed by the parties' counsel that on the basis of compromise the proceedings impugned are liable to be quashed.
7. Learned A.G.A. has no objection, however, he submits that it will be appropriate that compromise is verified first by the competent court and only then any further orders may be passed.
8. Having heard learned Counsel for the parties and on perusal of records and considering the law laid down by Hon'ble
Supreme Court of India in the case of Gian Singh vs. State of Punjab, 2012 AIR SCW 5333, the present application is
disposed of directing the parties to appear before the learned trial court on 05.02.2025 for verification of the compromise dated 16.01.2025. Learned trial court shall verify the contents of the compromise in the presence of parties within a period of two weeks' thereafter and provide a copy of verification report to the parties.
9. The proceedings impugned (supra) shall be kept in abeyance for the period of two months from today.
10. It will be open for the applicant to approach this Court again for quashing of the proceedings by filing a fresh application along with verification report given by the learned trial court and also the compromise entered between the parties.
11. Office is directed to return the original compromise deed, if any, annexed with this application to learned Counsel for the applicant. [Om Prakash Shukla, J.]
Order Date :- 30.1.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench