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2025 DAILYLAW 124091 (ALL)

MATA PRASAD ALIAS MADHAU AND 2 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME AND ANOTHER

A482/1549/2025 · 2025-02-24

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11546 Court No. - 13 Case :- APPLICATION U/S 482 No. - 1549 of 2025 Applicant :- Mata Prasad Alias Madhau And 2 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home And Another Counsel for Applicant :- Vinay Kumar,Pankaj Kumar,Ramakant Sahu,Shambhu Shanker Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record. 2. The instant application has been filed for quashing the summoning order dated 07.12.2021 issued by J.M.-III, Lucknow, non-bailable warrant dated 17.12.2024 as well as entire proceeding of Case No.95922 of 2021 and charge sheet dated 23.03.2021 arsing out of FIR No.0006/2020, U/S 498A, 323, 504, 506 IPC and Section 3/4 of DP Act, PS- Sarojini Nagar, District- Lucknow. 3. Learned counsel for the applicants submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.4 to the application. 4. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned as such compromise has to be duly verified in presence of the parties concerned before the Court. 5. Accordingly, this application is disposed of with a direction to the trial court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. 6. The court concerned in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. 7. For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case. 8. Office is directed to return the original compromise deed to the learned counsel for the applicants, after taking the photocopy of the same. Order Date :- 24.2.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench