RAM CHANDAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND ANOTHER
A482/1607/2025 · 2025-02-19
Karunesh Singh Pawar
body2025
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[ 2025 DAILYLAW 124621 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 124621 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:10749 Court No. - 16 Case :- APPLICATION U/S 482 No. - 1607 of 2025 Applicant :- Ram Chandar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Shadab Waheed Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Vakalatnama filed by Shri Syed Raza Mehdi, Advocate on behalf of respondent no.2 is taken on record. Heard learned counsel for the petitioners, learned A.G.A. for the State and earned counsel for respondent no.2. The petition seeks quashing of the entire proceedings of the Session Trial No.09 of 2022, under Section 323, 352, 452, 504, 506 IPC arising out of Complaint Case No.3089 of 2019 pending before the court of Additional District and Sessions Judge, Court Room No.1, Faizabad.
Learned counsel for the parties submit that the petitioners and respondent no.2 have amicably settled their dispute outside the court vide compromise dated 2.8.2024, copy of which has been annexed as Annexure-6 to the petition. Further, it has been submitted by learned counsel for the petitioners that in compliance of order passed by this Court dated 21.8.2024 (Annexure-7 to the petition), the compromise dated 2.8.2024 has been verified by the learned court below. The verification report dated 18.9.2024 is on record as Annexure 8 to the
petition.
Learned counsel for respondent no.2 concedes the argument made by learned counsel for the petitioners.
Learned counsel for the parties submits that in view of the judgments of Hon'ble Apex Court in B. S. Joshi and others versus State of Haryana and another : (2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1, Gian Singh versus State of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, the proceedings pending before learned trial court are liable to be quashed. In view of the facts that the parties have settled their dispute outside the Court by way of compromise and from perusal of the record it appears that the compromise has been verified by court below and the verification report dated 18.9.2024 is on record as well as law laid down by the Hon'ble Supreme Court of India in the cases (supra), the present petition is allowed and the entire proceedings of the Session Trial No.09 of 2022, under Section 323, 352, 452, 504, 506 IPC arising out of Complaint Case No.3089 of 2019 pending before the court of Additional District and Sessions Judge, Court Room No.1, Faizabad are hereby quashed.
Order Date :- 19.2.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench