VIMLA DEVI AND 5 OTHERS v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/1905/2025 · 2025-03-03
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126154 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126154 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:12710 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1905 of 2025 Applicant :- Vimla Devi And 5 Others Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Ashwini Kumar Tripathi,Renu Devi Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Aditya Kumar Pandey, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2, which is taken on record. Heard learned counsel for the applicant(s), learned AGA for the State as well as learned counsel for the opposite party No.2 and gone through the record. The present application under Section 482 Cr.P.C. 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 impugned charge sheet bearing no. 1/2022 dated 24-09-2022 as well as summoning order dated 30- 11-2022 in Crl. Case No. 117276 of 2022 arising out of Case Crime No. 267/2022 under section 147/323/504/506/308 IPC at P.S. Para, District-Lucknow, which is pending before the Court of Special Chief Judicial Magistrate Custom, Lucknow against the Applicants contained as Annexure No. 1 and 2 to this application. Further prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Crl. Case No. 117276 of 2022 arising out of Case Crime No. 267/2022 under section 147/323/504/506/308 IPC at P.S. Para, District- Lucknow, which is pending before the Court of Special Chief Judicial Magistrate Custom, Lucknow, as well as the summoning order dated 30-11-2022 as those legally barred by exercising the inherent power as provided to this Hon'ble Court under Section 482, CR.P.C. in the interest of justice."
Learned counsel for the applicants has submitted that both the parties have amicably settled their dispute outside the Court and
have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No.4 to the present application. 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, this application is disposed of finally in following terms:- (i) The parties to the proceedings, i.e. Crl. Case No.117276 of 2022 arising out of Case Crime No. 267/2022 under section 147/323/504/506/308 IPC at P.S. Para, District- Lucknow, shall appear and file the compromise before the concerned Court within four week's from today. (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 four week's 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(s) to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise to the Counsel for the applicant(s), 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(s) in the aforesaid case.
Order Date :- 3.3.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench