Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 120957 (ALL)

RAM KHILAWAN AND 2 OTHERS v. STATE OF U.P. THRU. CIVIL SECTT. HOME DEPTT. LKO. AND ANOTHER

A482/1078/2025 · 2025-02-10

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:8294 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1078 of 2025 Applicant :- Ram Khilawan And 2 Others Opposite Party :- State Of U.P. Thru. Civil Sectt. Home Deptt. Lko. And Another Counsel for Applicant :- Pradeep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Supplementary affidavit filed on behalf of the applicants and Vakalatnama filed on behalf of opposite party No.2 by Shri Prem Kumar Srivastava are taken on record. Heard learned counsel for the applicants, learned AGA for the State of U.P. as well as learned counsel for the opposite party No.2 and perused the record. The present application has been filed for the following main relief (s):- "(i) Quash the Charge sheet filed by the Investigating Officer in Case Crime No.0386/2014 under section 452, 307, 504, 506, 323 IPC P.S. Kakori District- Lucknow against the petitioners contained in Annexure No.2 to this petition on the basis of compromise. (ii) Quash the all proceedings arising out from the Charge sheet filed in Case Crime No.0386/2014 under section 452, 307, 504, 506, 323 IPC P.S. Kakori District - Lucknow against the petitioners contained in Annexure No. 3 to this petition." The first informant Arjun made a written complaint and based upon the allegations therein the F.I.R. was lodged on 8th September, 2014, under Case Crime No.0386/2014, for the offence under Sections 452, 307, 504, 506, 323 I.P.C., at Police Station Kakori, District-Lucknow against 09 persons including the applicants. According to the F.I.R. dated 8th September, 2014, 09 persons forcibly entered into the house of the informant and in the house the accused assaulted the mother, father and brother of the informant namely Munni Devi (mother), Radhey Lal (father) and Ajay Pal (brother). The specific role in the F.I.R. was not attributed to any of the accused. The injured persons were examined. The injury report of Radhey Lal annexed as Annexure No.SA-1 indicates all injuries were simple in nature and could be caused by hard and blunt object. The injury report annexed as Annexure No.SA-2 of the injured Munni Devi indicates that all the injuries sustained in the incident were simple in nature and the same could be caused by hard and blunt object. The injury report annexed as Annexure No.SA-3 of the injured Ajay Pal indicates that the injuries sustained by him were not fatal in nature and could be caused in altercation between the parties. It is stated that the first informant Arjun, injured Radhey Lal and injured Munni Devi have expired. Further submission of learned counsel for the applicant is that during the pendency of the case before the trial court the parties have settled the dispute amicably on account of which the altercation took place between the parties without predetermination of mind on spur of moment and as would appear from the contents of F.I.R. and also the compromise/settlement between the parties, i.e. the applicants against whom after investigation the charge sheet was filed under Sections 452, 307, 323, 504, 506 I.P.C. and the surviving injured Ajay Pal. 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. proceedings of S.T. No.120/2015, arising out of Case Crime No.0386/2014, under sections 452, 307, 504, 506, 323 IPC, P.S. Kakori, District- 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 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 :- 10.2.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench