ARVIND KUMAR TRIPATHI @ ARVIND MOHAN @ RAJA v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER
A482/1203/2025 · 2025-02-10
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122393 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122393 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:8520 Court No. - 17 Case :- APPLICATION U/S 482 No. - 1203 of 2025 Applicant :- Arvind Kumar Tripathi @ Arvind Mohan @ Raja Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Ajey Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Shri Anil Kumar Tiwari, Advocate has filed his vakalatnama on behalf of respondent nos. 2 and 3, which is taken on record. The present case has been filed under Section 482 Cr.P.C. now under Section 528 of B.N.S.S. with the prayer that this Court may quash the entire proceedings of Special Criminal Case No. 1202/2024 (State Vs. Arvind @ Arvind Mohan@ Raja) arising out of FIR/Case Crime No. 0072/2023, Under Sections 323, 504 & Section 3(1)(da) 3(1) (dha) of S.C./S.T. Act, Police Station Payagpur, District Bahraich pending before the learned Special Judge S.C./S.T. Act, Bahraich as well as Charge Sheet No. A 129 of 2023, dated 11.04.2023, Under Sections 323, 504 & Section 3(1)(da) 3(1) (dha) of S.C./S.T. Act, Police Station Payagpur, District Bahraich and summoning order dated 27.11.2024 on the basis of compromise taken place between the parties on 06.01.2025.
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. Special Criminal Case No.
1202/2024 (State Vs. Arvind @ Arvind Mohan@ Raja) arising out of FIR/Case Crime No. 0072/2023, Under Sections 323, 504 & Section 3(1)(da) 3(1) (dha) of S.C./S.T. Act, Police Station Payagpur, District Bahraich, pending before the learned Special Judge S.C./S.T. Act, Bahraich 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 :- 10.2.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench