JWALA PRASAD @ JWALA PRASAD YADAV v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/1525/2025 · 2025-03-05
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123884 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123884 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:13276 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1525 of 2025 Applicant :- Jwala Prasad @ Jwala Prasad Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Rajendra Prasad Tripathi,Ankit Kumar Pandey Counsel for Opposite Party :- G.A.,Krishna Kumar Singh,Mrinal Tripathi Hon'ble Saurabh Lavania,J. Heard. The instant application has been filed for the following main relief:-
"For the facts, reasons and circumstances stated in the accompanying Affidavit, it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the entire criminal proceeding initiated against the petitioner in pursuance of the impugned charge sheet dated 30.03.2001 arising out of Case Crime No. 342/2000, FIR No 330/2000 under sections 323, 504, 506 IPC and under sections 3(1)(X) of SC & ST Act, Police Station Sarojani Nagar, District Lucknow pending against petitioner in the court of Judicial Magistarte-III, Lucknow in Criminal Case no 6692/2011 State versus Jwala Prasad in terms the Compromise taken place between the parties contained as ANNEXURE NO 2. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings initiated against the petitioner in pursuance of the impugned impugned charge sheet dated 30.03.2001 arising out of Case Crime No. 342/2000, FIR No 330/2000 under sections 323, 504, 506 IPC and under sections 3(1)(X) of SC & ST Act, Police Station Sarojani Nagar, District Lucknow pending against petitioner in the court of Judicial Magistarte-III, Lucknow in Criminal Case no 6692/2011 State versus Jwala Prasad during pendency of the present petition."
Learned counsel for the applicant submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise. 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, the instant application is disposed of finally in following terms:- (i) The parties to the proceedings i.e. Case Crime No. 342/2000 (supra), shall appear before the concerned Court within six weeks' from today and file the compromise. (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 weeks' 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 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, 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 in the aforesaid case.
Order Date :- 5.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench