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2025 DAILYLAW 125527 (ALL)

VIVEK SINGH @ VIVEK KUMAR SINGH v. STATE OF U.P. THRU. SECY. HOME DEPTT. AND ANOTHER

A482/1785/2025 · 2025-03-04

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12881 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1785 of 2025 Applicant :- Vivek Singh @ Vivek Kumar Singh Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. And Another Counsel for Applicant :- Rakesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri P.K.Singh, learned Advocates has filed their Vakalatnama on behalf of opposite party no.2, which is taken on record. Heard learned counsel for the applicant, 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 this Hon'ble Court may kindly be pleased to quash the entire proceeding of Case No. 123203/2022, Crime no. 861/2020 U/s 504/507 1.P.C., Police Station Chinhat, District kumar Lucknow styled as State.......Vs.... Vivek kumar Singh as well as impugned summoning order dated 15.12.2022 and charge sheet dated 18.6.2021 contained in Annexure no. 1 and 2 to this petition." 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 No. 123203/2022 (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 :- 4.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench