AKHILESH SINGH AND 4 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF PRIN. SECY. DEPTT. HOME LKO. AND 2 OTHERS
A482/895/2025 · 2025-01-30
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120728 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120728 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6431 Court No. - 12 Case :- APPLICATION U/S 482 No. - 895 of 2025 Applicant :- Akhilesh Singh And 4 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Prin. Secy. Deptt. Home Lko. And 2 Others Counsel for Applicant :- Hemant Kumar Mishra,Arti Ganguly Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Rajesh Kumar, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party nos. 2 and 3, which is taken on record. Heard learned counsel for the applicants, learned AGA for the State of U.P. and gone through the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief:-
"For the facts, reasons and circumstances of the case, stated in an accompanying affidavit, it is expedient in the interest of justice that this Hon'ble Court may graciously be pleased to set aside the entire criminal proceedings of the Case No.1065/2024 arising out of First Information Report No.222/2023 State versus Akhilesh Singh and others under sections 3/4 Dowry Prohibition Act, 1961 and Sections 498A/376/323/ IPC Police Station Achalganj, district Unnao pending in the court of Chief Judicial Magistrate, Unnao vis-à-vis the cognizance order dated 10.01.2024, the charge sheet dated 13.10.2023 and the impugned First Information Report dated 08.10.2023 on the basis of the compromise held between the parties. It is further prayed that this Hon'ble Court may graciously be pleased to stay the entire criminal proceedings of the, Case No. 1065/ 2024 arising out of First Information Report No. 222/2023 State versus Akhilesh Singh and others under sections 3/4 Dowry Prohibition Act, 1961 and Sections 498A/ 376/323/ IPC Police Station Achalganj, district Unnao pending in the court of Chief Judicial Magistrate, Unnao vis-à-vis the cognizance order dated 10.01.2024, the charge sheet dated 13.10.2023 and the impugned First Information Report dated 08.10.2023, during pendency of the case."
Learned counsel for the applicants 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.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, i.e. Case No.1065/2024 arising out of First Information Report No.222/2023 State versus Akhilesh Singh and others under sections 3/4 Dowry Prohibition Act, 1961 and Sections 498A/376/323/ IPC Police Station Achalganj, District Unnao, 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 applicants to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise to the Counsel for the applicants, 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 applicants in the aforesaid case.
Order Date :- 30.1.2025/ML Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench