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2025 DAILYLAW 121051 (ALL)

ALOK SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/902/2025 · 2025-01-31

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6841 Court No. - 12 Case :- APPLICATION U/S 482 No. - 902 of 2025 Applicant :- Alok Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ajay Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant, 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:- "WHEREFORE, it is most humbly prayed that this Hon'ble court may kindly be pleased to quash the impugned impugned summoning order dated 18/01/2025 arising out from charge sheet No. 4 dated 20/06/2023 in crime No. 67/2022 under section 498A/323/504/506 I.P.C. and 3/4 D.P.Act Police Station- Mahila Thana, Lucknow in the light of compromise dated 09/07/2024." Learned counsel for the applicant 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.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 i.e. Case No.103505/2023, arising out from charge sheet No. 4 dated 20/06/2023 relating to Crime No. 67/2022, under section 498A/323/504/506 I.P.C. and 3/4 D.P.Act Police Station- Mahila Thana, 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 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, 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 :- 31.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench