NEERAJ SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/1950/2025 · 2025-03-04
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126307 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126307 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:13038
Court No. - 12 Case :- APPLICATION U/S 482 No. - 1950 of 2025 Applicant :- Neeraj Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Mithila Bakhsh Tiwari,Ramesh Chander Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Ramesh Chander Pandey, Advocate has put in appearance for the private opposite party no. 2 and has filed his Vakalatnama, which is taken on record. Heard learned counsel for the applicant(s), learned AGA for the State and learned counsel for the private-opposite party. Instant application under Section 482 Cr.P.C./Section 528 Bharatiya Nagarik Suraksha Sanhita (in short "BNSS") has been filed seeking following main relief:
"to pass and order for quashing of the entire proceedings Case Crime No. 274 of 2023, under section 354 Kha IPC, Police Station 323, 504, 506 Nagram District- Lucknow pending in the court of learned ACJM Court No. IV Lucknow on the basis of Compromise Dated 30.09.2024 between the parties, in the interest of justice. (contained as Annexure No.1)."
Learned counsel for the applicant(s) 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. 1 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 in issue 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 two 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 :- 4.3.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench