LALLA YADAV AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
A482/1130/2025 · 2025-02-07
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121689 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121689 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:7942 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1130 of 2025 Applicant :- Lalla Yadav And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Rajeev Kumar Mishra Rudra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Shri Rajendra Prasad Lodhi, Advocate, has put in appearance on behalf of opposite party no(s).2 & 3 by way of filing his Vakalatnama, which is taken on record. 2. Heard learned counsel for the applicant(s), learned counsel for opposite party no(s).2 & 3, learned A.G.A. for the State and perused the material available on record. 3. Instant application has been preferred by the applicant(s) for the following main relief(s):-
"The petitioners above named most respectfully begs to submit that for the facts, reasons and circumstances as stated in the accompanying affidavit, this Hon'ble Court may kindly U/S 482 of Criminal Procedure Code (Now U/S- 528 of B.N.S.S of 2023) to quash the entire proceeding of Special Sessin Trail No. 78/2017(State Vs Pappu and Other) arising out of FIR / Case Crime, No.248/2016,U/S-323,504,506 IPC & Section 3(1)(X) of SC/ST Act, Police Station- Umaribegumganj, District-Gonda, pending before the Learned Special Judge SC/ST Act.Gonda, as well as Charge Sheet No.40/2016, dated 27.10.2016, U/S-323,504,506 IPC & Section 3(1) (X) of SC/ST Act, Police Station- Umaribegumganj, Disrtict-Gonda, on the basis of compromise taken place between the parties on 27.01.2025."
4. 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.3 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. 5. 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. 6. 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 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, 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 :- 7.2.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench