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2025 DAILYLAW 124888 (ALL)

AMBIKA PRASAD AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/1705/2025 · 2025-02-24

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11659 Court No. - 13 Case :- APPLICATION U/S 482 No. - 1705 of 2025 Applicant :- Ambika Prasad And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Shashwat Bajpai Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Sri Vinod Kumar Gupta, Advocate filed Vakalatnama on behalf of opposite party no.2 which is taken on record. 2. 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. 3. The instant application has been filed for quashing the Summoning order dated 02.09.2022 passed by J.M. III, Lucknow in Criminal Case No.86172/2022, State Vs Shri Nath Tewari & Others as well as Charge Sheet 02.12.2021 arising out of Case Crime No.272/2021, Under Section-147,323,504&506 I.P.C., Police Station-Alambagh, District-Lucknow. 4. 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.5 to the application. 5. 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. 6. 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. 7. 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. 8. For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case. 9. 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