ARYAN GUPTA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO AND 3 OTHERS
A482/1201/2025 · 2025-02-10
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122430 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122430 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8317 Court No. - 17 Case :- APPLICATION U/S 482 No. - 1201 of 2025 Applicant :- Aryan Gupta And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And 3 Others Counsel for Applicant :- Satendra Nath Rai Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Sri Pradeep Kumar Tripathi, Advocate has filed vakalatnama on behalf of opposite party nos. 2 to 4, which is taken on record. The present application under Section 482 Cr.P.C. has been preferred for quashing the entire proceedings of case no. 2232 of 2024, State vs. Aryan Gupta and Ors. arising out of case crime no. 54/2024, under Sections 323, 504, 506, 308, 427 IPC, Police Station Maigalganj, District Lakhimpur Kheri, pending in the court of Additional Chief Judicial Magistrate, 4th, Lakhimpur Kheri on the basis of compromise dated 24.01.2025 entered into between the parties.
Learned counsel for the applicants and learned counsel for the opposite party nos. 2 to 4 have submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise on 24.01.2025 and a copy of compromise deed, duly signed by the parties, is enclosed 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. Case No. 2232 of 2024 (State vs. Aryan Gupta and Ors.), arising out of Case Crime No. 54/2024, under Sections 323, 504, 506, 308, 427 of I.P.C, Police Station Maigalganj, District Lakhimpur Kheri, pending in the court of Additional Chief Judicial Magistrate, 4th, Lakhimpur Kheri, 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 applicants 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