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2025 DAILYLAW 127538 (ALL)

RAJ YADAV AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER

A482/2143/2025 · 2025-03-07

Om Prakash Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14150 Court No. - 30 Case :- APPLICATION U/S 482 No. - 2143 of 2025 Applicant :- Raj Yadav And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Pravin Kumar Verma,Vivek Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J. Sri Dinesh Kumar Ojha, Advocate, has filed his vakalatnama on behalf of opposite party No. 2 today in Court, which is taken on record. Heard learned counsel for the parties. The instant application under Section 482 Cr.P.C. has been moved with a prayer to quash the entire proceedings of Criminal Case No.80914/2024, arising out of Case Crime No.493/2022, under Sections 504, 506 , 352 I.P.C., Police Station Gomti Nagar, District Lucknow pending before learned Chief Judicial Magistrate, Lucknow as well as to quash the impugned charge sheet dated 08.05.2023 alongwith summoning order dated 05.08.2024 passed by learned Chief Judicial Magistrate, Lucknow. Learned counsel for the applicants submits that the dispute between the parties have been amicably settled outside the court by way of compromise. The original copy of the compromise deed is on record as Annexure-4 to the application. Learned counsel appearing for respondent no.2 does not dispute the above facts rather he concedes the same. It is jointly prayed by the parties' counsel that on the basis of compromise the proceedings impugned are liable to be quashed. Learned A.G.A. has no objection, however, he submits that it will be appropriate that compromise is verified first by the competent court and only then any further orders may be passed. On due consideration of the arguments advanced by the parties' counsel and perusal of the record and considering the law laid down by Hon'ble Supreme Court of India in the case of Gian Singh vs. State of Punjab, 2012 AIR SCW 5333, the instant application under Section 482 Cr.P.C. is disposed of directing the parties to appear before the learned trial court for verification of the compromise. Learned trial court shall verify the contents of the compromise in the presence of parties within a period of one week thereafter and provide a copy of verification report to the parties. The proceedings impugned (supra) shall be kept in abeyance for the period of two months from today. It will be open for the applicant to approach this Court again for quashing of the proceedings by filing a fresh petition along with verification report given by the learned trial court and also the compromise entered between the parties. Office is directed to return original copy of the compromise to learned counsel for the applicant after keeping the photocopy of the same on record. (Om Prakash Shukla,J.) Order Date :- 7.3.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench