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2025 DAILYLAW 122933 (ALL)

SHARDA DEVI AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

A482/1276/2025 · 2025-02-11

Manish Kumar

body2025

Judgment text

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Court No. - 17 Case :- APPLICATION U/S 482 No. - 1276 of 2025 Applicant :- Sharda Devi And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Pankaj Kumar Tiwari,Aayush Pankaj Tiwari Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Vakalatnama filed by Shri Dileep Kumar Pathak, Advocate on behalf of opposite party no. 2 is taken on record. Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the 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:- (i) quash the proceedings of Criminal Case in State vs. Sharda Devi and others pending before learned Special Additional Chief Judicial Magistrate, Lucknow (CBI), Ayodhya Prakaran arising out of Case Crime No.0476/2021, P.S. Ashiyana, District Lucknow. (ii) quash the impugned chargesheet dated 04.09.2022 as well as summoning order dated 30.11.2023 passed by the Special Additional Chief Judicial Magistrate, Lucknow (CBI) Ayodhya Prakaran, Police Station Ashiyana, District Lucknow. Learned counsel for the parties submit that both the parties have amicably settled their dispute through compromise. The compromise deed dated 08.09.2022 duly signed by the parties, is annexed as Annexure No. 6 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 Crime No. 0476 of 2021, (State Vs. Sharda Devi & others) under sections 406 & 420 I.P.C. Police Station- Ashiyana, District-Lucknow, pending before the Court of Special Additional Chief Judicial Magistrate, CBI (A.P.) Lucknow, 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. Order Date :- 11.2.2025 Reena/- (Manish Kumar,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench