SUCHIT SHARMA @ ASHU SHARMA AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/957/2025 · 2025-02-04
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121047 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121047 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:7108 Court No. - 12 Case :- APPLICATION U/S 482 No. - 957 of 2025 Applicant :- Suchit Sharma @ Ashu Sharma And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Saket Kumar Gupta,Amar Prakash Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Piyush Pathak, Advocate, has put in appearance for the private opposite party No. 2 and has filed his Vakalatnama, which is taken on record. Heard learned counsel for the parties and perused the record. Instant application has been preferred by the applicant(s) for the following main relief(s):-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash Charge Sheet dated 07-10-2022 filed in Criminal Case No- 39519/2023, in Case Crime No. 0225/2022 under section 498 A, 323, 504, 506 I.P.C. and 3/4 D.P. Act. Police Station-Indira Nagar, District-Lucknow, State of U.P. Vs Suchit Sharma @ Aashu Sharma and others and order dated-25-04-2023 pending in the court of A.C.J.M. 2 nd, Room No-26, Lucknow and all further proceedings taken in pursuance thereof in the interest of justice. It is further prayed that this Hon'ble Court may further be pleased to keep the further proceedings of Criminal Case No-39519/2023, in Case Crime No. 0225/2022 under section 498 A, 323, 504, 506 I.P.C. and 3/4 D.P. Act. Police Station-Indira Nagar, District-Lucknow, State of U.P. Vs Suchit Sharma @ Aashu Sharma and others and order dated-25-04-2023 pending in the court of A.C.J.M. 2 nd, Room No-26 ,Lucknow in the said case in abeyance until final disposal of this petition."
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. 3 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 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 :- 4.2.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench