VINESH @ VINESH KUMAR AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND OTHERS
/1353/2024 · 2025-01-13
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122198 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122198 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:2275 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1353 of 2024 Applicant :- Vinesh @ Vinesh Kumar And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Others Counsel for Applicant :- Sardar Alok Singh Counsel for Opposite Party :- G.A.,K.K. Singh Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicant(s), learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record. 2. The present petition under Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief(s):-
"1. Pass an order thereby quash the impugned charge sheet dated 02.07.2022, contained in Annexure No.2 and order dated 01.02.2023 contained in Annexure No.3, as well as entire proceeding of the case no. 3162/2023, under section 308,323,506 IPC Police Station Mohammadpur Khala, district Barabanki, pending in court of Learned Civil Judge (Sr. Div.) F.T.C. 38, district Barabanki, State of U.P. Vs Vinesh Kumar and others, on the basis of the compromise and amicable settlement of the dispute between the parties"
3. 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. 4. 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. 5. 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 weeks 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 two weeks 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 :- 13.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench