NAN BABU AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/1322/2025 · 2025-02-12
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123114 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123114 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:9060 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1322 of 2025 Applicant :- Nan Babu And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Diwakar Prasad Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Vayu Nandan Mishra, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2, which is taken on record.
Learned counsel for the applicants states that he may be permitted to make correction in the prayer clause of the petition which could not be corrected inadvertantly and the same shall not change the nature of the proceedings. The prayer being innocuous is allowed.
Learned counsel for the applicants is permitted to carry out the necessary correction in the prayer clause during course of the day. Heard learned counsel for the applicants, learned AGA for the State of U.P. as well as learned counsel for opposite party No.2 and gone through the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief:-
"The above named applicant most respectfully begs to submit that for the facts, reasons and circumstances as stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the entire proceeding of Case No.11460/2019 CNRNO.UPBH040226782019 (State Vs. Nan Babu and Others) arising out of FIR/Case Crime No.38/2019, U/S- 323,504,506, IPC Police Station-Payagpur, District - Bahraich pending before the Learned Civil Judge (J.D)/ J.M6/ Concerned Court Bahraich, as well as Charge Sheet No.01,dated 04.03.2019, U/S-323,504,506 IPC Police Station- Payagpur, District- Bahraich and Summoning order dated 17.07.2019 on the basis of compromise taken place between the parties dated 28.01.2025. Copies of the Charge Sheet dated 04.03.2019 and Summoning Order dated 17.07.2019 are being annexed here with as ANNEXURE NO.1 &2 to this Application."
Learned counsel for the applicants has 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.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. Case No.11460/2019, CNR NO. UPBH040226782019 (State Vs. Nan Babu and Others) arising out of FIR/Case Crime No.38/2019, U/S- 323,504,506 IPC , Police Station-Payagpur, District - Bahraich, pending before the Learned Civil Judge (J.D)/ J.M-6/ Concerned Court Bahraich, 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) Office is directed to provide original compromise to the Counsel for the applicants, 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 applicants in the aforesaid case.
Order Date :- 12.2.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench