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2025 DAILYLAW 122323 (ALL)

SIDHARTH SINGHAL AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/1208/2025 · 2025-02-10

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8305 Court No. - 17 Case :- APPLICATION U/S 482 No. - 1208 of 2025 Applicant :- Sidharth Singhal And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mohd. Khalid,Kausar Jahan Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Shri Agendra Sinha, 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 with the following main reliefs:- "a. Set aside/quash the cognizance order dated 25.04.2023 passed by Ld. Additional Chief Judicial Magistrate-7, Lucknow in W/S Criminal Case No. 64995/2023 (State vs. Sidharth Singhal & Ors), U/s 498-A, 323 IPC & 3/4 Dowry Prohibition Act, 1961, Police Station Gudamba, Lucknow. b. Quash the charge Sheet dated 28.12.2021 arising out of F.I.R. No. 30/2021, U/s 498-A, 323 IPC & 3/4 Dowry Prohibition Act, 1961, Police Station Gudamba, Lucknow and entire proceedings arising thereof." Learned counsel for the applicants 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 dated 19.12.2024, duly signed by the parties, is annexed as Annexure No. 6 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 Case No. 64995/2023 (State vs. Sidharth Singhal & Ors), arising out of F.I.R. No.30/2021, U/s 498-A, 323 IPC & 3/4 Dowry Prohibition Act, 1961, Police Station Gudamba, Lucknow, 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) OfÏce 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 :- 10.2.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench