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2025 DAILYLAW 126879 (ALL)

JAI NARAYAN AND 2 OTHERS v. STATE OF U.P. THRU. ITS SECY. MINISTRY OF HOME AFFAIRS LKO. AND ANOTHER

NA528/177/2025 · 2025-03-05

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13396 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 177 of 2025 Applicant :- Jai Narayan And 2 Others Opposite Party :- State Of U.P. Thru. Its Secy. Ministry Of Home Affairs Lko. And Another Counsel for Applicant :- Pramod Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Ms. Sangeeta Verma, 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 applicants, 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:- "(i) To issue a order or directions for quashing the charge sheet submitted in of the crime no.469 of 2024 under section 115(2)/110 of BNS Act 2023 registered as criminal case no.1015 of 2025 as contained in annexure no.1 to the application pending before the court of the Addl. Civil Judge senior Division/Addl Chief Judicial Magistrate Gonda (ii) To issue an order for quashing the summoning order dated 27.1.2025 as contained in annexure no 2 to this application. (iii) To issue a order or directions for staying the further proceedings of the criminal case no.1015 of 2025 under section 115(2)/110 of BNS Act pending before the court of Addl. Civil Judge senior Division/Addl Chief Judicial Magistrate Gonda." 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.7 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. Criminal Case No.1015 of 2025, arising out of Crime No.469 of 2024, under section 115(2)/110 of BNS, 2023, P.S.- Kotwali Dehat, District Gonda, 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 applicants in the aforesaid case. Order Date :- 5.3.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench