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2025 DAILYLAW 127133 (ALL)

SANTOSH KUMAR SHUKLA AND ANOTHER v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME, LKO. AND ANOTHER

A482/2272/2025 · 2025-03-11

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14844 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2272 of 2025 Applicant :- Santosh Kumar Shukla And Another Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Rajeev Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Rajesh Yadav, 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 applicant(s), 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:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set-aside the entire proceeding of Criminal Case No. 2973 of 2023, "State Vs. Shiv Prasad and another", impugned charge sheet dated 09.05.2023 arising out of case crime no. 0076 of 2023 under section 308, 452, 323, 427, 504 & 506 of IPC, Police Station Kotwali Dehat, District -Sultanpur as well as impugned cognizance order dated 17.08.2023 passed by Additional Chief Judicial Magistrate, Court No.17, Sultanpur in Criminal Case No. 2973 of 2023, "State Vs. Shiv Prasad and another" on the basis of compromise deed dated 23.11.2024, as contained in Annexure No.2, 3 & 6 to this petition, in the interest of justice." It is 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.6 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.2973 of 2023, "State Vs. Shiv Prasad and another", arising out of case crime no. 0076 of 2023 under section 308, 452, 323, 427, 504 & 506 of IPC, Police Station Kotwali Dehat, District -Sultanpur, 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 applicant(s) in the aforesaid case. Order Date :- 11.3.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench