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2025 DAILYLAW 120190 (ALL)

SOBHIT KUMAR SINGH @ SOBHIT SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 2 OTHERS

A482/806/2025 · 2025-01-28

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5411 Court No. - 12 Case :- APPLICATION U/S 482 No. - 806 of 2025 Applicant :- Sobhit Kumar Singh @ Sobhit Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 2 Others Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Sneha Singh, learned Advocate has filed his Vakalatnama on behalf of opposite party nos.2 and 3, which is taken on record. Heard learned counsel for the applicant, learned Counsel for the opposite party nos.2 and 3, learned AGA for the State and perused the record. The instant application has been filed for the following main relief:- "That it would be expedient in the interest of justice that this Hon'ble court may kindly be pleased to quashed the criminal proceeding of criminal case no 82274 of 2019 arising out of case crime no 193 of 2019 under section 435- I.P.C,, Police station -Banthara, District -Lucknow and charge sheet dated 30.06.2019 as well as summon order dated 4.11.2019 pending before Additional chief Judicial Magistrate court 26 Lucknow, District Lucknow contained as Annexure no- 3 and 4 to this petition and it is further prayed that during the pendency of the present application the proceeding of criminal case no 82274 of 2019 be stayed till final disposal of the present case in the interest of Justice." Learned counsel for the applicant submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise. 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, the instant application is disposed of finally in following terms:- (i) The parties to the proceedings i.e. Criminal Case No. 82274 of 2019 (supra), shall appear before the concerned Court within six weeks from today and file the compromise. (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 weeks' 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 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, 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 in the aforesaid case. Order Date :- 28.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench