RAMBHAROSE SINGH AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS
A482/1261/2025 · 2025-02-11
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122611 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122611 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:8696 Court No. - 17 Case :- APPLICATION U/S 482 No. - 1261 of 2025 Applicant :- Rambharose Singh And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Applicant :- Rajat Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Shri Surya Deep, Advocate has filed his Vakalatnama on behalf of respondent nos. 2 to 5 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 following main reliefs:-
"For the facts, reasons and circumstances mentioned in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge sheet No.249/2017 dated 16.12.2017, Case Crime No.458/2027, under Sections 307 & 504 IPC, Police Station Lonar, District Hardoi. "State vs. Rambharose Singh and others" as well as summoning order dated 27.09.2019 and entire proceedings of case in the interest of justice, equity and fair play." It is submitted that injuries are simple in nature and on non-vital part of the body.
Learned counsel for the respective parties have submitted that an agreement has been entered into between the parties on 01.02.2025, which is annexed as Annexure No. 5 to the application. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned 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. 811/2019 State Vs. Rambharose Singh and others, arising out of Case Crime No.458/2019 under Sections 304 & 504 I.P.C. Police Station-
Lonar, District- Hardoi pending before the Court of Judicial Magistrate, Court No.1, Hardoi shall appear and file the compromise before the summoning Court within four week's from today. (ii) If the parties appear before the summoning 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. Office is directed to return the certified copy/original copy of the compromise by retaining the photocopy of the same.
Order Date :- 11.2.2025 Reena/- (Manish Kumar,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench