MAYANK SINGH ALIAS RISHAB AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/985/2025 · 2025-02-05
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121006 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121006 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:7551 Court No. - 12 Case :- APPLICATION U/S 482 No. - 985 of 2025 Applicant :- Mayank Singh Alias Rishab And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Deepanker Kumar,Neel Kisan,Rashi Gupta Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard Ms. Rashi Gupta, learned counsel for the applicants and learned A.G.A. for the State and perused the record.
2. Instant application has been preferred by the applicant(s) for the following main relief(s):-
"(i) Wherefore, it is most respectfully prayed that this Hon'ble court may graciously be pleased to quash the entire proceeding on the basis of compromise of the impugned case No. 3985/2022 arising out of Case Crime No. 117 of 2021, under section 332, 353, 504, 506 I.P.C. police station Bazarkhala, District Lucknow, State versus Tushar Singh And Others pending in the learned court of Special A.C.J.M. Court No- 27, Lucknow, impugned charge sheet dated 02.07.2021, cognizance
order dated 24.01.2022 and its consequential order in the respect of petitioner, contained as Annexure no. 1 & 2 respectively.."
3. 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.
4. 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.
5. 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 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(s) to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise, if any, 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(s) in the aforesaid case.
Order Date :- 5.2.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench