ANIKET KAUSHAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/884/2025 · 2025-01-30
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120679 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120679 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6579 Court No. - 12 Case :- APPLICATION U/S 482 No. - 884 of 2025 Applicant :- Aniket Kaushal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Dileep Kumar,Dhananjai Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Sudheer Kumar Yadav, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2, which is taken on record. Heard learned counsel for the applicant, learned AGA for the State of U.P. as well as learned counsel for the opposite party No.2 and gone through the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Criminal Case No. 39852 of 2024; State Vs. Atul Yadav and others; arising out of order dated 06.07.2013 passed by Learned Chief Judicial Magistrate Second, Court No-26, Lucknow in pursuance of Charge Sheet No.01 of 2023 dated 23.11.2023 arising out of Case Crime No. / First Information Report No. 378 of 2023, Under Section 147, 148, 323, 341,504 I.P.C., relating to Police Station - Indira Nagar , District Lucknow, pending before Learned Chief Judicial Magistrate Second, Court No-26, Lucknow as well as summoning order dated 02.05.2024 passed by Learned Additional Chief Judicial Magistrate, Lucknow (contained as Annexure No.1 & 2) in the light of compromise dated 16.01.2025 (Contained as Annexure No. 4), in the interest of law and justice."
Learned counsel for the applicant has 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 i.e. Criminal Case No.39852 of 2024, State Vs. Atul Yadav and others, arising out of order dated 06.07.2013 passed by Learned Chief Judicial Magistrate Second, Court No-26, Lucknow in pursuance of Charge Sheet No.01 of 2023 dated 23.11.2023, arising out of Case Crime No. / First Information Report No. 378 of 2023, Under Section 147, 148, 323, 341,504 I.P.C., relating to Police Station - Indira Nagar , District Lucknow, pending before Learned Chief Judicial Magistrate Second, Court No-26, Lucknow, 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 four 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 to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise 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 :- 30.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench