VASHISHTHA MISHRA ALIAS RINKU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/1428/2025 · 2025-02-14
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123543 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123543 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:9758 Court No. - 16 Case :- APPLICATION U/S 482 No. - 1428 of 2025 Applicant :- Vashishtha Mishra Alias Rinku Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Avnish Kumar Tiwari Counsel for Opposite Party :- G.A.,B.B.Mishra Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned AGA for the State as well as Shri B.B.Mishra, learned Advocate who has filed vakalatnama on behalf of the complainant is taken on record.
Learned counsel for the petitioner submits that summoning
order has been issued against the petitioner and his father Surya Prakash Mishra. Surya Prakash Mishra has died on 11.02.2023. In this regard, specific pleading has been taken in para 5 of the petition.
Learned counsel for the petitioner further submits that the dispute between the parties has been amicably settled outside the Court by way of compromise which is on record as Annexure No. 3 to the petition. It is further submitted that since the dispute has been settled outside the Court by the parties, the said compromise may be directed to be verified by the competent authority so that the impugned proceedings may be quashed on the basis of said compromise and its verification report. Learned A.G.A. as well as learned counsel for respondent no. 2 has no objection to this innocuous prayer. In view of the above the parties are directed to appear before the learned trial court on 03.03.2025 along with the copy of original compromise deed, who shall verify the compromise in
presence of the parties within one week thereafter and keep a report of the verification on the record of the Court after providing its copies to the parties. For a period of two months, the proceedings of Case No. 256/2011 "State versus "Surya Prasad Mishra and another" under sections 452, 324, 323, 504, 506, 392 I.P.C., Police Station Sursa, district Hardoi pending before Learned Additional Chief Judicial Magistrate (A.C.J.M.) 4th, Hardoi shall be kept in abeyance. In view of the above, the petition is disposed of. Liberty to the parties is granted to approach this Court again for quashing of the proceedings on the basis of compromise and its verification. Office is directed to return the original compromise as well as certified copies of the documents filed along with the petition to
learned counsel for the petitioner as per Rules of the Court.
Order Date :- 14.2.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench