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2025 DAILYLAW 122755 (ALL)

VIJAY MAURYA ALIAS VIJAY KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/1277/2025 · 2025-02-11

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8771 Court No. - 17 Case :- APPLICATION U/S 482 No. - 1277 of 2025 Applicant :- Vijay Maurya Alias Vijay Kumar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Vishal Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. At the very outset, learned counsel for the applicant has submitted that inadvertently the name of victim/complainant has been mentioned in the array of the respondents, thus, he may be permitted to delete her name by addressing her by appropriate words during the course of the day. Shri Vinay Kumar Dubey, Advocate has filed his vakalatnama on behalf of respondent no. 2, which is taken on record. Heard. 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:- "WHEREFORE it is most respectfully prayed that in the above noted facts and circumstances, this Hon'ble court may kindly be pleased to quash the entire criminal proceedings of SC/ST No. 98/2021 (State versus Vijay Maurya and another) and also quash the charge sheet dated 12.03.2021 as well as the non- bailable warrant dated 11.11.2024 passed by the learned Special Judge SC/ST Act, Ambedkar Nagar in SC/ST No.98/2021 arising out of Case Crime No. 07/2021 under section 354(a), 504 IPC and 3(2)(va) SC/ST Act, Police Station- Jahangirganj, District - Ambedkar Nagar on the basis of compromise done between the petitioners and opposite party no.2 on dated 04.02.2025, so far as it relates with the petitioner in the interest of justice." Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant. Let the name of respondent no. 2 be deleted from the array of respondents by referring her through appropriate words during the course of the day. Learned counsel for the applicant and respondent no. 2 have 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 04.02.2025, duly signed by the parties, is annexed as Annexure No.5 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. SC/ST No. 98/2021 (State versus Vijay Maurya and another) arising out of FIR/Case Crime No. Case Crime No. 07/2021 under section 354(a), 504 IPC and 3(2)(va) SC/ST Act, Police Station- Jahangirganj, District - Ambedkar Nagar, pending before the learned Special Judge SC/ST Act, Ambedkar Nagar 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 :- 11.2.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench