RAM PRASAD AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/1076/2025 · 2025-02-05
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121737 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121737 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:7459 Court No. - 16 Case :- APPLICATION U/S 482 No. - 1076 of 2025 Applicant :- Ram Prasad And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Jai Vardhan Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J.
1. Vakalatnama filed by Mr. Malik Meraj Ahmad on behalf of opposite party No.2 is taken on record.
2. Heard learned counsel for the petitioners, learned A.G.A. for the State and Mr. Malik Meraj Ahmad, learned counsel for respondent no.2.
3. The petition seeks quashing of the impugned summoning
order dated 19.04.2016 passed by Chief Judicial magistrate, Unnao relating to Complaint Case No.1545 of 2016 under Sections 323, 379, 427, 504, 506 Indian Penal Code, Police Station Ganga Ghat, District Unnao and further entire proceedings in pursuance thereof.
4. Learned counsel for the parties submit that the petitioners and respondent no.2 have amicably settled their dispute outside the court vide compromise dated 04.05.2024, copy of which is on record as Annexure-2 to the petition.
5. Further it has been submitted by learned counsel for the petitioners that in compliance of order passed by this Court dated 13.09.2024 the compromise has been verified by the learned court below.
6. Learned counsel for respondent no.2 concedes the argument made by learned counsel for the petitioners.
7. Learned counsel for the parties submits that in view of the judgments of Hon'ble Apex Court in B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus State of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, the proceedings pending before learned trial court are liable to be quashed.
8. In view of the fact that the parties have settled their dispute outside the Court by way of compromise and from perusal of the record it appears that the compromise has been verified by court below and the verification report dated 04.10.2024 is on record as well as law laid down by the Hon'ble Supreme Court of India in the cases (supra), the present petition is allowed and the criminal proceedings (supra) are hereby quashed.
Order Date :- 5.2.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench