VIRENDRA @ VIRENDRA KUMAR AND 3 OTHERS v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/1340/2025 · 2025-02-13
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123071 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123071 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:9419 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1340 of 2025 Applicant :- Virendra @ Virendra Kumar And 3 Others Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Vinay Kumar Yadav,Anil Sharma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Short counter affidavit filed by Ms. Laxmi Verma, Advocate on behalf of the opposite party No. 2 in the Court today is taken on record. Heard learned counsel for the parties and perused the record. Instant application has been preferred by the applicant(s) for the following main relief(s):-
"Wherefore, it is most respectfully prayed that this Hon ble Court may kindly be pleased to quash the impugned charge sheet bearing no. 1 dated 16-01-2024 as well as summoning order dated 30-03-2024 passed in Criminal Case No. 34461/2024 arising out of Case Crime No. 204 of 2023 under section 498A,323,504,506 IPC and 3/4 D.P. Act, P.S. Nagram, District- Lucknow, pending before the Court of ACJM IV, Lucknow against the petitioners contained as Annexure No. 1 and 2 to this petition. Further prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Criminal Case No. 34461/2024 arising out of Case Crime No. 204 of 2023 under section 498A,323,504,506 IPC and 3/4 D.P. Act, P.S. Nagram, District- Lucknow pending before the Additional Chief Judicial Magistrate IV, Lucknow, as well as the summoning order dated 30-03-2024 as those legally barred by exercising the inherent power as provided to this Hon'ble Court under Section 482 Cr.P.C, Now 528 BNSS in the interest of justice."
Learned counsel for the applicant(s) 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 in issue 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 two 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(s) to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise, if any, to the counsel for the applicant(s), 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(s) in the aforesaid case.
Order Date :- 13.2.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench