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2025 DAILYLAW 121595 (ALL)

ADITYA KUMAR RAI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER

A482/998/2025 · 2025-02-05

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7286 Court No. - 12 Case :- APPLICATION U/S 482 No. - 998 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. Sri Alok Kumar Tripathi, 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):- "(i) Issue an order or directions for quashing of the impugned Social Investigation Report No. 01/2021, dated 01.12.2021 (contained herein as Annexure No. 1) submitted by Investigating Officer/ Child Welfare Police Officer, under Section 13(1)(ii) of Juvenile Justice (Care & Protection of Children) Act, 2015, in Case Crime No. 0471 of 2021, under sections 379, 411, 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. 07 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. 07 of 2022 currently pending before the Court of Juvenile Justice Board, Lucknow arising out of Case Crime No. 0471 of 2021, Under sections 379, 411, 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 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. 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 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 :- 5.2.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench