ASHOK KUMAR AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 2 OTHERS
A482/1927/2025 · 2025-03-03
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126410 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126410 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:12468 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1927 of 2025 Applicant :- Ashok Kumar And 3 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 2 Others Counsel for Applicant :- Samanvya Dhar Dwivedi,Atma Ram Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Abhishek Mishra, learned Advocate has filed his Vakalatnama on behalf of opposite party nos.2 to 3, which is taken on record. Heard learned counsel for the applicants, learned Counsel for the opposite party nos.2 to 3, 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 chargesheet dated 27.10.2011 in Case Crime no. 1020A/2011 filed under Sections-323,504,506,294 of Indian Penal Code, 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.79/2017, pending before Learned Special Judge SC/ST Act, Ayodhya, in the interest of justice."
Learned counsel for the applicants 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. 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. Sessions Case No.79/2017 (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