ADITYA KUMAR RAI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER
A482/1006/2025 · 2025-02-05
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121548 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121548 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:7287 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1006 of 2025 Applicant :- Aditya Kumar Rai Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Amrendra Nath Tripathi,Akash Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Alok Kumar Tripathi, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2, which is taken on record. Heard learned counsel for the applicants, learned AGA for the State of U.P. as well as learned counsel for the opposite party No.2 and gone through the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief:-
"(i) Issue an order or directions for quashing of the impugned Social Investigation Report No. 01/2021, dated 27.12.2021 (contained herein as Annexure No. 1) submined by Investigating Officer/ Child Welfare Police Officer, under Section 13(1)(i) of Juvenile Justice (Care & Protection of Children) Act, 2015, in Case Crime No. 0483 of 2021, under sections 379, 411, 406, 420, 467, 468 and 471 of I.P.C.. Police Station Gudamba, District Lucknow and the impugned summoning order passed by the Court of Juvenile Justice Board, Lucknow, dated 06.01.2022 (contained herein as Annexure No. 2) taking the cognizance and summoning the Applicant and also entire proceeding of the Case No. 06 of 2022 currently pending before the Court of Juvenile Justice Board, Lucknow; (ii) Stay the effect, operation, and implementation of the impugned summoning order passed by the Court of Juvenile Justice Board, Lucknow, dated 06.01.2022 (contained herein as Annexure No. 2) and further stay the proceedings of the Case No. 06 of 2022 currently pending before the Court of Juvenile Justice Board, Lucknow arising out of Case Crime No. 0483 of 2021, Under sections 379, 411, 406, 420, 467, 468 and 471 of I.P.C., Police Station - Gudamba, District - Lucknow, during pendency of the instant Application otherwise the Applicant would suffer an irreparable loss and injury."
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.8 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. 06 of 2022, arising out of Case Crime No.0483 of 2021, under sections 379, 411, 406, 420, 467, 468 and 471 of I.P.C, Police Station Gudamba, District Lucknow, pending before the Court of Juvenile Justice Board, 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 :- 5.2.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench