SHIVAM SRIVASTAVA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER
A482/1756/2025 · 2025-03-04
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125406 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125406 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:12790 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1756 of 2025 Applicant :- Shivam Srivastava And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Rahul Singh Rana,Shambhu Prasad Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Bharat Kumar Dixit, learned Advocate has filed his Vakalatnama on behalf of opposite party no.2, which is taken on record. Heard learned counsel for the applicants, learned Counsel for the opposite party no.2, learned AGA for the State and perused the record. The instant application has been filed for the following main relief:-
"WHEREFORE it is most respectfully prayed that in the above noted facts and circumstances, this Hon'ble court may kindly be pleased to quash the entire criminal proceedings of Criminal Case No. 3302/2021 under section 498-A, 323, 504, 506 IPC and 3/4 D.P. Act which is pending before the Court of the Chief Judicial Magistrate, Raebareli and quash the charge sheet dated 10.06.2020 as well as the cognizance and summoning order dated 30.01.2021 passed by the learned Court concerned in Criminal Case No. 3302/2021 relating Case Crime No. 625/2019 under section 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Millarea, District Raebareli on the basis of compromise dated 17.02.2025 done between the petitioners and opposite party no.2, so far as it relates with the petitioners in the interest of justice."
Learned counsel for the applicants 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. Criminal Case No. 3302/2021 (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 applicants 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 applicants, 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 applicants in the aforesaid case.
Order Date :- 4.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench