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2025 DAILYLAW 128514 (ALL)

SUSHIL KUMAR ALIAS SUSHIL KUMAR MISHRA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

A482/2338/2025 · 2025-03-12

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15376 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2338 of 2025 Applicant :- Sushil Kumar Alias Sushil Kumar Mishra And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Mayank Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Akhilesha Nand Pandey, 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 humbly prayed that the Hon'ble High Court may kindly be pleased to quash the impugned charge sheet as well as further criminal proceedings of case no. 3889/2011 arising out of Case Crime No 347/2011 Under Section 323/504/506/427 I.P.C read with Section 3 (1) X SC/ST Act, Police Station Kotwali Akbarpur, District Ambedkar Nagar pending in the Court of Special Judge SC/ST Act Ambedkar Nagar on the basis of written compromise dated 27.2.2025 entered between the parties." 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. 3 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