RAHUL VERMA AND ANOTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHERS
A482/1400/2025 · 2025-02-14
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123569 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123569 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:9962 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1400 of 2025 Applicant :- Rahul Verma And Anothers Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Anothers Counsel for Applicant :- Anupam Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Ms Beena Mishra, 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:-
" To set aside the entire criminal proceedings of Criminal Case No. 71449 of 2023 "State Versus Diksha & Others" pending in the Court of Learned Chief Judicial Magistrate, Lucknow arising out of Case Crime No.0631 of 2021, under sections- 279, 352, 504, 506, I.P.C. Police Station-Vibhuti Khand, District-Lucknow. Along with summoning order dated 24.06.2023 and chargesheet dated 25.03.2022 as contained in Annexure No.1 & 2 to this petition. ii. To stay the further proceedings of proceedings of entire criminal proceedings of Criminal Case No.71449 of 2023
"State Versus Diksha & Others" pending in the Court of Learned Chief Judicial Magistrate, Lucknow arising out of Case Crime No. 0631 of 2021, under sections-279, 352, 504, 506, I.P.C. Police Station-Vibhuti Khand, District-Lucknow."
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.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 i.e. Criminal Case No.71449 of 2023 "State Versus Diksha & Others" pending in the Court of Learned Chief Judicial Magistrate, Lucknow arising out of Case Crime No.0631 of 2021, under sections-279, 352, 504, 506, I.P.C. Police Station-Vibhuti Khand, 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 :- 14.2.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench