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2025 DAILYLAW 122075 (ALL)

ATUL KUMAR AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

A482/1172/2025 · 2025-02-07

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7999 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1172 of 2025 Applicant :- Atul Kumar And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Manish Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Shri Vivek Srivastava, Advocate, has put in appearance on behalf of opposite party no.2 by way of filing his Vakalatnama, which is taken on record. 2. Heard learned counsel for the applicant, learned counsel for opposite party no.2, 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):- "For the facts reasons and circumstances mentioned in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of case no. 35802/2023 (State V/s Atul Gupta), pending in the court of Learned ACJM II Hardoi, arising out of crime no. 0598 of 2022, under sections 498-A, 323 IPC, 3/4 D.P Act P / s - Behta Gokul District- Hardoi. It is further prayed that this Hon'ble Court may graciously be pleased to stay the proceeding of case no. 35802/2023 (State V/s Atul Gupta), pending in the court of Learned ACJM II Hardoi, arising out of crime no. 0598 of 2022, under sections 498-A, 323 IPC, 3/4 D.P. Act P / s - Behta Gokul District- Hardoi, during the pendency of present petition." 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.4 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