KAMLESH PRAJAPATI ALIAS KAMLESH AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO. AND ANOTHER
A482/939/2025 · 2025-02-04
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121200 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121200 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:7164 Court No. - 12 Case :- APPLICATION U/S 482 No. - 939 of 2025 Applicant :- Kamlesh Prajapati Alias Kamlesh And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants, 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:-
"That for the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the chargesheet dated 02.04.2023 alongwith cognizance and summoning order dated 02.09.2024. case crime no. 347 of 2022, under section 406, 420, 504,506, I.P.C. police station Aliganj, District Lucknow on the basis of compromise as the complainant does not want to press the above mentioned case against the petitioners pending in the court of Additional Chief Judicial Magistrate, Ist, Room no. 25, Lucknow State versus Kamlesh and another. Furthermore the petitioners pray that this Hon'ble Court may be kind enough to stay the proceedings of the case crime no. 347 of 2022, under section 406, 420, 504,506, I.P.C. police station Aliganj, District Lucknow on the basis of compromise as the complainant does not want to press the above mentioned case against the petitioner pending in the court of Additional Chief Judicial Magistrate, Ist, Room No. 25, district Lucknow, until final disposal of the present petition, in the interest of justice."
Learned counsel for the applicants 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. proceedings arising out of Case Crime No. 347 of 2022, under Sections 406, 420, 504,506 I.P.C., Police Station - Aliganj, District Lucknow, pending in the court of Additional Chief Judicial Magistrate, Ist, Room No. 25, 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 :- 4.2.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench