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2025 DAILYLAW 126357 (ALL)

RINKU PRASAD @ RINKU YADAV AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO AND ANOTHER

A482/1962/2025 · 2025-03-04

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12968 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1962 of 2025 Applicant :- Rinku Prasad @ Rinku Yadav And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko And Another Counsel for Applicant :- Abhishek Mishra,Shambhavi Mishra,Tarun Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri A.R. Mishra, 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 quash the impugned chargesheet dated 12.10.2011 in Case Crime No. 1020/2011 filed under Sections 323, 504, 506 Indian Penal Code & Section 3(1) (X) of SC/ST Act, lodged at Police Station-Bikapur, District- Ayodhya, contained as Annexure No.1 to this application alongwith its consequential orders and entire proceedings of Sessions Case No.396/2012, pending before Learned Special Judge SC/ST Act, Ayodhya, in the interest of justice." 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. 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 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