SAURABH SINGH ALIAS PRINCE AND 2 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME AFFAIRS U.P. LKO. AND ANOTHER
A482/1113/2025 · 2025-02-10
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121630 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121630 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:8313 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1113 of 2025 Applicant :- Saurabh Singh Alias Prince And 2 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Affairs U.P. Lko. And Another Counsel for Applicant :- Gaurav Singh,Sudhir Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Short counter affidavit filed by Sri Sajjad Hussain, Advocate alongwith Sri Alok Sharma, Advocate as well as Vakalatnama on behalf of the private opposite party No. 2 in the Court today 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):-
"That For the facts, reasons, and circumstances stated in the accompanying writ petition duly supported with affidavit, it is prayed that the Hon'ble Court may graciously be pleased to quash the Impugned Charge Sheet No.56 of 2014 dated 25.02.2014 arising out of case crime No.435 of 2013, Under Section 379, 411, 419, 420, 413 of Indian Penal Code Police Station Jai Singh Pur, District Sultanpur, as well as the Summoning order of taking cognizance dated 20.03.2014 and N.B.W. order dated 31.07.2024 passed by Learned Additional District and Session Judge/F.T.C.-II, Sultanpur in S.T. No.243 of 2014, title as State Versus Shailendra Singh alias Guddu and others, including entire proceeding in the terms of compromise as the petitioners/Second Parties as well as the Opposite party No. 2/first party (Rohit Singh Chauhan) have entered in to a compromise and both as settled their dispute outside of the court and both are residing peacefully and as such they do not want to contest case further to secure the end of justice, there of as contained in Annexure No. 1, 2 and 3 to this petition. It is, further prayed that this Hon'ble Court may kindly be pleased to Stay the further proceeding of S.T. No.243 of 2014, title as State Versus Shailendra Singh alias Guddu and others, initiated in pursuance of Impugned Charge Sheet, Summoning order of taking cognizance dated 20.03.2014 and N.B.W. order dated 31.07.2024, as contained in Annexure No. 1, 2 and 3 to this petition."
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. 6 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.
Learned counsel for the applicant(s) further stated that the alleged recovery is bogus as there is no independent witness to the same so as to support the story of the prosecution. It is also stated that a perusal of the contents of the compromise deed alongwith other documents on record would indicate that the informant lodged the FIR on account of some hot talk occurred/took place between the parties in relation to the motorcycle in issue. 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 :- 10.2.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench