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2025 DAILYLAW 121657 (ALL)

RAHUL SINGH @ VEER VIKRAM SINGH AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

A482/1125/2025 · 2025-02-07

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8021 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1125 of 2025 Applicant :- Rahul Singh @ Veer Vikram Singh And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Bhup Chandra Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Ravi Pratap Singh, 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 applicant(s), 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:- "WHEREFORE it is most respectfully prayed that in the above noted facts and circumstances, this Hon'ble court may kindly be pleased to quash the entire criminal proceedings of Sessions Trial No. 473/2016 (State versus Rahul Singh and others) under section 307, 323, 325 IPC pending before the Court of Additional District Judge, Court No.1, Sultanpur and against the charge sheet dated 23.12.2015 and 19.04.2016 as well as against the summoning order dated 28.07.2016 passed by the Additional Chief Judicial Magistrate, Court No.19, Sultanpur in Sessions Trial No. 473/2016 (State versus Rahul Singh and another) (earlier registered as Crl. Case No.1357/2016) relating Case Crime No.0184/2015 under section 307, 323, 325 IPC, Police Station Sangrampur, District Amethi on the basis of compromise dated 28.01.2025 done between the petitioners and opposite party no.2, so far as it relates with the petitioners in the interest of justice." Learned counsel for the applicant(s) 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.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. 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. Sessions Trial No.473/2016 (State versus Rahul Singh and others), under sections 307, 323, 325 IPC, pending before the Court of Additional District Judge, Court No.1, Sultanpur, 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(s) to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise 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 :- 7.2.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench