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2025 DAILYLAW 126173 (ALL)

SALIL KUMAR AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

A482/1898/2025 · 2025-03-03

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12473 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1898 of 2025 Applicant :- Salil Kumar And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Abhinav Singh,Pankaj Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Subodh Kumar Pandey, learned Advocate has filed his Vakalatnama on behalf of opposite party nos.2 and 3, 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 this Hon'ble Court may kindly be pleased to quash the impugned charge sheet dated 24.03.2019 vide Case Crime no.621/2018 Under Section 323, 504, 506, 354, 427 IPC, Police Station Mohanlalganj, District Lucknow and the order of cognizance and summoning order dated 18.01.2020 passed by/pending in the court of learned Additional Chief Judicial Magistrate-III, Lucknow in Criminal Case No.105/2020 "State Vs. Salil Kumar @ Ankur & others" and entire proceedings of the case passed in pursuance thereof, in the light of compromise dated 15.01.2025 arrived between the parties." It is 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. In continuation it is stated that an altercation took place on 07.11.2018 between opposite party no.2/Mukesh Kumar Shukla s/o late Raveendra Kumar Shukla and applicant no.1/Salil Kumar s/o Late Vijay Kumar on 07.11.2018 at about 14:30 hours at Sisendi Market, Mohan Lal Ganj, Lucknow, on account of trivial/petty issue i.e. issue related to parking of motorcycle and therefore, the opposite party no.2/Mukesh Kumar Shukla, made a written complaint at Police Station Mohan Lal Ganj, implicating Salil Kumar/applicant no.1, Aditya Dwivedi/applicant no.2, Sanjay Kumar/applicant no.3 and one Ankur s/o Vijay Kumar and based upon the same FIR/Case Crime No. 0621 of 2018 was lodged on 09.11.2018 under Sections 427/379/354/506/504/323/147 IPC. It is further stated that another FIR related to the same incident was lodged by applicant no.1/Salil Kumar on 09.11.2018 registered as FIR/Case Crime No. 0620 of 2018, under Sections 147/323/504/506/392/354 IPC and 3(1)(da) and 3(1) (Dha) ST/SC Act implicating Mukesh Kumar Shukla/applicant no.1, Anup Kumar Chaurasiya/applicant no.2, Sachin/applicant no.3 and one Golu and Sumit. It is also stated that in relation to FIR/Case Crime No. 0621/2018 dated 09.11.2018, detailed above, the Investigating Officer (in short 'I.O.') filed the charge-sheet against the applicant nos. 1 to 3 namely Salil Kumar, Aditya Dwivedi and Sanjay Kumar. It is also stated that in relation to FIR/Case Crime No. 620/2018 dated 09.11.2018, detailed above, the charge-sheet has been filed against applicant nos. 1 to 3 namely Mukesh Kumar Shukla, Anoop Kumar Chaurasiya alias Anoop Chaurasiya and Sachin alias Sachin Kumar Shukla. Further stated that during the pendency of the case, both the parties settled the dispute and now the parties do not want to continue with the proceedings arising out of Case Crime No. 620/2018 and Case Crime No. 621/2018, which can be deduced from paragraph nos. 1 and 2 of the compromise deed, annexed as Annexure No. 9 to the present application. 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.621/2018 (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 :- 3.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench