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2025 DAILYLAW 122296 (ALL)

MASTRAM AND 3 OTHERS v. THE STATE OF U.P. THRU. PRIN. SECY. LKO. AND ANOTHER

A482/1163/2025 · 2025-02-07

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8016 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1163 of 2025 Applicant :- Mastram And 3 Others Opposite Party :- The State Of U.P. Thru. Prin. Secy. Lko. And Another Counsel for Applicant :- Alok Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Shri Gyanoday Shukla, 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):- A. Wherefore, it is, most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire criminal proceeding & Summoning order dated 22.08.2013 arising out of S.T.no.82/2014(State versus Mastram & others) pending before Learned District and Session Judge Shrawasti arising out of charge sheet dated 03.07.2013 (charge sheet no. 54/2013) pertaining to case crime no.884/2013,under section 308,325/34, 323/34,504 IPC police station- Sonwa, District- Shrawasti, in the interest of justice. B. It is further prayed that this Hon'ble court may kindly be pleased to stay the proceeding of Case S.T.no.82/2014(State versus Mastram & others) & Summoning order dated 22.08.2013 pending before Learned District and Session Judge Shrawasti arising out of charge sheet dated 03.07.2013 (charge sheet по. 54/2013) pertaining to case crime no.884/2013,under section 308,325/34, 323/34,504 IPC police station- Sonwa, District- Shrawasti against the applicants, in the interest of justice." 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