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2025 DAILYLAW 124561 (ALL)

SHAILENDRA @ SHAILENDRA KUMAR AND 6 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/1561/2025 · 2025-02-20

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11126 Court No. - 18 Case :- APPLICATION U/S 482 No. - 1561 of 2025 Applicant :- Shailendra @ Shailendra Kumar And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Alok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. On the matter being taken up, Mr. Ashwani Verma, learned Advocate, has put in appearance on behalf of opposite party no. 2 and filed his power, which is taken on record. Heard learned counsel for the applicants, learned Additional Government Advocate for the State, learned counsel for opposite party no. 2 and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 28.01.2016, cognizance/summoning order dated 02.12.2016 and proceedings of Criminal Misc. Case No. 4928 of 2016 (State Vs. Shailendra and others), under Sections 147, 323, 427, 452, 504, 506 IPC, Police Station Sandana, District Sitapur pending in the court of Chief Judicial Magistrate, Sitapur. It is submitted by learned counsel for the applicants that opposite party no. 2 lodged a first information report on 14.12.2015 against the applicants for the alleged offence under Sections 147, 323, 427, 452, 504, 506 IPC, in which after culmination of investigation, Investigating Officer submitted charge-sheet on 28.01.2016, on which the Magistrate concerned took cognizance and summoned the applicants. Though the charge has been framed against the applicants but till date, not a single prosecution witness has been examined. In the meantime, the parties concerned entered into a compromise outside the Court and a compromise deed has been executed between them on 10.02.2025, which has been filed as Annexure No. 4 to the affidavit. It is further submitted that no compromise application has yet been filed before the concerned Court below, where criminal proceeding is pending against the applicants and requested to allow the applicants to move compromise application before the concerned Court below. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below, as such said compromise has to be duly verified in presence of the parties concerned before the Court. On the request made by learned counsel for the applicants, two weeks' time is allowed to the applicants to file compromise application before the concerned Court below. Accordingly, the concerned Court below is directed that in case such compromise application is filed by the applicants before it within aforesaid period, 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. The Court 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. Till verification of compromise between the parties by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid case. With the aforesaid directions the application stands disposed of. Office is directed to return the original compromise deed filed as Annexure No. 4 to this application after retaining xerox copy of the same on record to learned counsel for the applicants within three days. Order Date :- 20.2.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench