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2025 DAILYLAW 120187 (ALL)

SHANI ALIAS SHANI KANAUJIYA v. THE STATE OF U.P. THRU. THE PRIN. SECY. DEPT. OF HOME LKO. AND 2 OTHERS

A482/760/2025 · 2025-01-28

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5612 Court No. - 12 Case :- APPLICATION U/S 482 No. - 760 of 2025 Applicant :- Shani Alias Shani Kanaujiya Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Dept. Of Home Lko. And 2 Others Counsel for Applicant :- Arvind Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Vakalatnama filed by Sri Prashant Tiwari, Advocate on behalf of the private opposite party Nos. 2 & 3 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):- "For the facts, reasons and circumstances stated in the accompanying Affidavit, this Hon'ble court may kindly be pleased to quash the entire criminal proceeding of (State Versus Shani) Criminal case No. 257/2017 (State Versus Shani) pending in the court of Learned Additional Chief Judicial Magistrate (FTC) Shrawasti, initiated against the petitioners in pursuance of the impugned charge sheet dated 17.11.2016 arising out of Case Crime No.1253/2016, Under Sections- 498A 323, 506 IPC and 3/4 DP Act Police Station Ikauna, District -Shrawasti as well as cognizance/summoning order dated 16.01.2017 passed by Chief Judicial magistrate, Shrawasti, in Criminal Case No-257/2017 In terms of the compromise deed dated 03.01.2025 as contained in Annexure No.1 and 2 to this Petition. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding initiated against the petitioner in Criminal case No. 257/2017 (State Versus Shani) pending in the court of Learned Additional Chief Judicial Magistrate (FTC) Shrawasti, initiated against the petitioners in pursuance of the impugned charge sheet dated 17.11.2016 arising out of Case Crime No.1253/2016, Under Sections- 498A, 323, 506 IPC and 3/4 DP Act Police Station Ikauna, District Shrawasti as well as cognizance/summoning order dated 16.01.2017 passed by Learned Chief Judicial Magistrate Shrawasti, in Criminal Case No-257/2017 (State Versus Shani) during the pendency of this Petition." 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