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2025 DAILYLAW 125713 (ALL)

NITESH KUMAR SAHU ALIAS NITESH SAHU v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

A482/1794/2025 · 2025-03-06

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13629 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1794 of 2025 Applicant :- Nitesh Kumar Sahu Alias Nitesh Sahu Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Uma Kant Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Amendment application filed on behalf of the applicant, praying therein for amendment, which is innocuous, is taken on record and the same is allowed. Learned Counsel for the applicant is permitted to carry out necessary correction/amendment in the application, during the course of the day. Sri Ashish Kumar Shukla and Sri Anand Kumar 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:- "Therefore, in view of the above noted facts and circumstances, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned chargesheet dated 14.01.2019 as well as summoning order dated11.12.2019 in the proceedings arising out of FIR/Case Crime No. -726/2018 dated 28.11.2018,under section 406. 120-B IPC, P.S. Sarojini Nagar, District Lucknow, pending in the Court of Judicial Magistrate-III, Lucknow; contained as Annexure No. 2 & 3 to this petition, alongwith entire criminal proceedings of Criminal Case No. 93190/2019, State of U.P. Vs. Nitesh Sahu' pending in the Court of Judicial Magistrate-III, Lucknow so far as relates to the petitioner in the ends of justice. It is further prayed that during pendency of the present petition before this Hon'ble Court, the proceedings of the Criminal Case No. 93190/2019, State of U.P. Vs. Nitesh Sahu' arising out of FIR/Case Crime No. 726/2018 dated 28.11.2018 Under section 406, 120-B IPC, P.S. Sarojini Nagar, District Lucknow so far as relates to the petitioner, pending in the Court of Judicial Magistrate-III, Lucknow, may kindly be stayed." It is stated 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. 93190/2019 (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