AKHAND PRATAP SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/891/2025 · 2025-02-10
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120813 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120813 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:8447 Court No. - 12 Case :- APPLICATION U/S 482 No. - 891 of 2025 Applicant :- Akhand Pratap Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Satyendra Nath Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant, learned A.G.A. for the State. Instant application under Section 482 Cr.P.C./Section 528 Bharatiya Nagarik Suraksha Sanhita (in short "BNSS") has been filed seeking following main relief:
"For the facts, reasons and circumstances stated in the accompanying writ petition, which is duly supported by an affidavit, it is most respectfully prayed that this Hon'ble Court may be kindly be pleased to stay the Charge sheet No.67/2024 dated 20.04.2024 as well as summoning order dated 10.12.2024 as well as entire proceeding of F.I.R. no. 0027 of 2024 Under Section 323/504/506 I.P.C, & 3 (2) (Va) of SC/ST Act, Police Station- Gosainganj, District -Ayodhya pending in the court of learned Special Judge SC/ST Act, Ayodhya on the basis of the compromise between the parties, compromise was prepared on 12.12.2024 and verified on 11.11.2024 between the parties before learned District & Sessions Judge Lucknow during the pendency of this 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. 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 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 certified 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(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 in the aforesaid case.
Order Date :- 10.2.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench