RAJENDRA KUMAR VERMA ALIAS RAJENDRA VERMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/1186/2025 · 2025-02-10
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122384 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122384 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:8426 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1186 of 2025 Applicant :- Rajendra Kumar Verma Alias Rajendra Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Kunwar Ravi Prakash Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Ram Sajiwan Yadav, Advocate has put in appearance for the private opposite party no. 2 and has filed his Vakalatnama, which is taken on record. Heard learned counsel for the applicant, learned AGA for the State and learned counsel for the private-opposite party. Instant application under Section 482 Cr.P.C./Section 528 Bharatiya Nagarik Suraksha Sanhita (in short "BNSS") has been filed seeking following main relief: -
"to quash the impugned Charge sheet No. (01) dated 06.03.2019 and summoning order dated 22.11.2019 passed by Learned Special Chief Judicial Magistrate: Custom District: Lucknow vide which learned Court has taken cognizance in Case No. 86887 of 2019; Case Crime No. 515/2018; U/S: 354-C/506 I.P.C; Police Station: Malihabad; District: Lucknow (State of U.P. Vs. Rajendra Verma) Presently pending before Learned Special Chief Judicial Magistrate Custom: District: Lucknow as contained as Annexure No. (01) & (02) to the petition, and further stated that quash all the consequential proceedings related to impugned summoning orders."
Learned counsel for the applicant 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. It is further stated that a perusal of deed of settlement annexed as Annnexure No. 4 to the instant application and the FIR lodged by the opposite party No. 2 registered as FIR No. 515 of 2018 on 06.09.2018 at Police Station- Malihabad, District- Lucknow, under Sections- 354-C, 506 Indian Penal Code, 1860
would indicate that the applicant and victim are the neighbors and on account of some petty dispute, the opposite party No. 2, on being advised so as to get the dispute settled, lodged the FIR and the said dispute has now been settled and as such, the opposite party No. 2 does not want to continue with the proceedings in issue. 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 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 two 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 :- 10.2.2025/Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench