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2025 DAILYLAW 128109 (ALL)

RAJENDRA GAUTAM @ RAJENDRA KUMAR v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND 3 OTHERS

NA528/195/2025 · 2025-03-11

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15008 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 195 of 2025 Applicant :- Rajendra Gautam @ Rajendra Kumar Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Shyam Karan Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Vyomesh Chandra Shukla and Sri Mridul Tripathi, Advocates have put in appearance for the private opposite party no. 4 and has filed his Vakalatnama, which is taken on record. Heard learned counsel for the applicant, 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 set aside the impugned proceeding of Under Section- 84, of B.N.S.S. as well as entire proceedings initiated against the applicant by the Learned Chief Judicial Magistrate, Ambedkar Nagar, arising out in case crime no.0365 of 2024, Under Section- 191 (2), 109, 352 & 351 (3) of BNSS, at Police Station- Tanda, District- Ambedkar Nagar pending in the court of Learned Chief Judicial Magistrate, District- Ambedkar Nagar, (ANNEXURE No.-2)" It is submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and in this regard, a proper deed of compromise would be filed before the trial Court. 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 to approach this Court again for quashing of the proceedings. (vi) For a period of eight weeks, no coercive action shall be taken against the applicant in the aforesaid case. Order Date :- 11.3.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench