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2025 DAILYLAW 121056 (ALL)

DILIP TIWARI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER

/904/2025 · 2025-01-31

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6987 Court No. - 12 Case :- APPLICATION U/S 482 No. - 904 of 2025 Applicant :- Dilip Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Harsh Vardhan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Shri Hemant Tripathi, Advocate has filed his vakalatnama on behalf of opposite party No.2, which is taken on record. 2. Heard learned counsel for the applicants, learned AGA for the State and learned counsel for the private-opposite party. 3. Instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagarik Suraksha Sanhita (in short "BNSS") has been preferred by the applicants with the following prayer:- "To quash the Charge sheet no. 01 dated 25/06/2021 filed in F.I.R No. 0047/21 under sections 504 & 506 IPC and Summoning order dated 09/09/21 passed in Criminal case no. 15078 of 2021 under sections 504 & 506 IPC which is pending in the court of Civil Judge (Senior Division)/FTC 2nd Pratapgarh, U.P as well as criminal proceedings of Criminal case no. 15078 of 2021 (State vs Dilip Tiwari & Others) mentioned herein above and is pending against the present Applicants." 4. Learned counsel for the applicants 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. 5. 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. 6. 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 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 :- 31.1.2025 G. Singh/ Anand Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench