RAHUL GAUTAM AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/1333/2025 · 2025-02-12
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123274 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123274 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:9086 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1333 of 2025 Applicant :- Rahul Gautam And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Amit Tewari,Mithlesh Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Alok Kumar Singh, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2, which is taken on record. Heard learned counsel for the applicant(s), learned AGA for the State of U.P. as well as learned counsel for the 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:-
"I. Pass an order or direction thereby quashing for quashing of the charge sheet dated 17.04.2023, concerning Case Crime No. 0623 of 2021, Under section- 498-A,323,504,506 IPC & 3/4 D.P.Act. against the petitioners, Police Station Gosaiganj district Lucknow, as well as quashing of the impugned summoning order dated 24.07.2023, passed by the Learned Additional Chief Judicial Magistrate VI, Lucknow in case no.79594 of 2023, parties state versus Rahul Gautam and others, on the basis of amicable settlement with the opposite party no.2; and II.Pass any other order or direction to prevent such abuse of the process or otherwise to secure the ends of justice, by exercising the powers conferred on this Hon'ble Court under section 482, Cr.P.C. /528 BNSS."
Learned counsel for the applicant(s) 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.79594 of 2023, arising out of Case Crime No.0623 of 2021, Under Sections 498-A,323,504,506 IPC & Section 3/4 D.P. Act, Police Station Gosaiganj District-Lucknow, 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(s) to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise 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 :- 12.2.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench