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2025 DAILYLAW 127685 (ALL)

AVANEESH KUMAR TIWARI AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/2259/2025 · 2025-03-11

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14690 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2259 of 2025 Applicant :- Avaneesh Kumar Tiwari And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Anoop Vajpayee,Atul Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Pankaj Kumar Singh, learned Advocate has filed his Vakalatnama on behalf of opposite party no.2, which is taken on record. Heard. The instant application has been filed for the following main relief:- "For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings of the Criminal Case No. 100116 of 2021 "State Versus Avaneesh Kumar Tiwari and others" arising out of Case Crime No. 227 of 2021 Under Sections 406/420/409 I.P.C. Police Station-Hazratganj, District- Lucknow pending in the Court of Chief Judicial Magistrate, Lucknow as well as impugned charge 22.4.2022 sheet dated as well as cognizance order dated 9.2.2023 bearing on the aforesaid charge sheet, contained in Annexure No.1 to the accompanying affidavit, 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. 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. Criminal Case No. 100116 of 2021 (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 :- 11.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench