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2025 DAILYLAW 125512 (ALL)

ANURAG TIWARI @ ANURAG TRIPATHI v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

A482/1744/2025 · 2025-03-06

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13834 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1744 of 2025 Applicant :- Anurag Tiwari @ Anurag Tripathi Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Ram Bali Tiwari,Vinay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Supplementary affidavit filed on behalf of the applicant, is taken on record. Heard. The instant application has been filed for the following main relief:- "For The Facts And reason stated in accompanying affidavit it is respectfully prayed that this Hon'ble court may kindly pleased to quash the entire proceedings of special trial no. 610/2023 in case crime no. 164/2022 under section 323,504,506,427 IPC and 3(1)D, 3(1) Dhh, 3(2)Va Sc/St (prevention of atrocities) Act 1989 PS- Kandhai District-Pratapgarh, State Vs Anurag Tiwari pending before Special judge Sc/St Act Pratapgarh and impugned chargesheet no. 1 dated 31.10.2022 under section 323,504,506,427 IPC and 3(1)D, 3(1)Dhh, 3(2)Va Sc/St (prevention of atrocities) Act 1989 PS- Kandhai District- Pratapgarh, which is Annexure No. 2 to this affidavit." Learned counsel for the applicant 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. Case Crime No. 164/2022 (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 applicant 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 applicant, 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 applicant in the aforesaid case. Order Date :- 6.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench