BALRAM YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/790/2025 · 2025-01-28
Saurabh Lavania
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 120334 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120334 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:5628 Court No. - 12 Case :- APPLICATION U/S 482 No. - 790 of 2025 Applicant :- Balram Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- P.K. Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Vakalatnama filed by Sri Vivek Pandey, 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):-
"For the facts, reasons and circumstances as stated in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Charge sheet No. 01 dated 13.12.2020 as well as entire criminal proceeding of the criminal Case vide its S/C ST No. 59/2021 CN No. 164/2021 arises out from case crime No. 264/2020 under section 323/504/506 I.P.C. & 3(1) Da, Dha, SC/ST Act P.S. Jaitpur, District Ambedkar Nagar "State Vs. Balram Yadav" pending before Special Judge SC/ST Act District Ambedkar Nagar, in the interest of justice. It is further prayed that this Hon'ble Court may kindly be pleased to stay the entire proceeding of criminal case vide its S/C ST No. 59/2021 CN No. 164/2021 arises out from case crime No. 264/2020 under section 323/504/506 I.P.C. & 3(1) Da, Dha, SC/ST Act P.S. Jaitpur, District Ambedkar Nagar "State Vs. Balram Yadav",, pending before Special Judge SC/ST Act District Ambedkar, during pendency of the petition, in the interest of justice."
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. 5 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