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2025 DAILYLAW 127059 (ALL)

SANJAY @ SANJAY LUMAR AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER

A482/2068/2025 · 2025-03-06

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13684 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2068 of 2025 Applicant :- Sanjay @ Sanjay Lumar And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Ramkripal Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Ram Singh and Sri Avadesh Kumar, Advocates have put in appearance for the private opposite party no. 2 and have 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 quashing of the charge sheet no. 220 of 2009 dated- 23.09.2009, submitted in case crime no 424 of 2009 Under section- 147,323,324,504,506, IPC Police Station- Bazar khala, District- Lucknow and quashing the order dated-15.12.2009 passed by the Learned Judicial Magistrate Second Lucknow in case no. 6501 of 2014 "State Versus Sanjay and others" pending in the court of learned Additional Chief Judicial Magistrate Fourth Lucknow against the petitioners, as contained in Annexure No. 1 &. 2 to this petition on the basis of compromise executed between the petitioner and complainant." 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 :- 6.3.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench