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2025 DAILYLAW 120378 (ALL)

RAJAN AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/940/2025 · 2025-02-06

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7789 Court No. - 16 Case :- APPLICATION U/S 482 No. - 940 of 2025 Applicant :- Rajan And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Bhagwandeen Sharma Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioners and learned A.G.A. for the State as well as Mohd. Sujeet Kumar, learned Advocate who has filed vakalatnama on behalf of respondent no. 2 which is taken on record. Learned counsel for the parties submit that compromise was entered between the parties and vide order dated 19.09.2024, they were directed to appear before the concerned court/trial court for verification of the compromise deed, which is on record as Annexure No. 2 to the petition. The petitioners and respondent no. 2 appeared before the Court of Additional Civil Judge/A.C.J.M., Court No. 24, Lucknow, where the compromise was duly verified in their presence. A copy of the order whereby the compromise was verified is on record as Annexure No. 3 to the petition. Learned counsel for both parties further submit that as the dispute has been amicably resolved outside the Court through a compromise, which has also been verified under the Court’s order, the impugned proceedings are liable to be quashed in light of the law laid down by the Supreme Court in Gian Singh v. State of Punjab, reported in (2012) 10 SCC 303. Learned A.G.A. has no objection to this prayer. In view of the above and considering the law laid down by the Supreme Court in the case of "Gian Singh Vs. State of Punjab" reported in "(2012) 10 SCC 303", as well as the fact that the compromise entered between the parties has been verified vide order dated 25.10.2024 by A.C.J.M., Court no. 24, Lucknow, the proceedings of Complaint Case No. 1569/2016, under Sections 323/506 IPC and Section 3/4 of D.P. Act, pending before the Court of Additional Civil Judge, (S.D.), Lucknow are hereby quashed. Accordingly, the petition stands allowed. Order Date :- 6.2.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench