SHODHE SINGH @ KANHAIYA @ AKHILESH SINGH AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
A482/2301/2025 · 2025-03-12
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128108 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128108 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:15427 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2301 of 2025 Applicant :- Shodhe Singh @ Kanhaiya @ Akhilesh Singh And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Ishan Bhasin Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Anurag Singh, Advocate, has put in appearance for the private opposite parties and has filed his Vakalatnama, which is taken on record. Heard learned counsel for the parties and perused the record. Instant application has been preferred by the applicant(s) for the following main relief(s):-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned charge sheet No. 01 of 2023 filed in case crime No. 355 of 2023 under section 323,504,325 IPC police station Hargoun Sitapur, and the cognizance order dated 13.09.2023 passed by Chief Judicial Magistrate Sitapur in Case No. 4811 / 2023 (State Vs Shode Singh @ Kanhaiya & others), pending before Chief Judicial Magistrate Sitapur, may kindly be quashed/decided in terms of compromise, between the opposite party No.2 to 3 and the petitioners they have entered in to compromise and they settled their dispute outside the court as such, they do not want contest the case further, in the interest of justice." It is stated 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. 8 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, if any, 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 :- 12.3.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench