DINESH KUMAR v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NA528/79/2025 · 2025-02-06
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122089 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122089 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:7608 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 79 of 2025 Applicant :- Dinesh Kumar Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Shyam Kinkar Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Ms Nasreen Bano, 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 applicants, 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:-
"For the facts, reason and circumstances stated in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire criminal proceeding of Criminal Case No.2985 of 2025 "State Vs. Avinash Maurya and others" arising out of case crime No.0597 of 2024 under section 419, 420, 467, 468, 471, 352, 406, 120-В І.Р.С., registered at Police Station Kotwali, District Barabanki, pending in the court of Learned Chief Judicial Magistrate, Barabanki and also to quash the charge sheet No.1 dated 12.12.2024 filed by investigating authorities in case crime No.597 of 2024 as well as cognizance order dated 03.01.2025 passed by Learned Chief Judicial Magistrate, Barabanki on the basis of compromise deed dated 17.01.2025 (contained as Annexure No. 4 ), for securing the ends of justice."
Learned counsel for the applicant 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.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. 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. criminal proceeding of Criminal Case No.2985 of 2025 "State Vs. Avinash Maurya and others" arising out of case crime No.0597 of 2024 under section 419, 420, 467, 468, 471, 352, 406, 120-В І.Р.С., registered at Police Station Kotwali, District Barabanki, pending in the court of Learned Chief Judicial Magistrate, Barabanki, 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 to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise to the Counsel for the applicant, 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 in the aforesaid case.
Order Date :- 6.2.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench