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2025 DAILYLAW 128736 (ALL)

ARVIND KUMAR SINGH @ DR. ARVIND v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

A482/2375/2025 · 2025-03-12

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15453 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2375 of 2025 Applicant :- Arvind Kumar Singh @ Dr. Arvind Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Karuna Shankar Bajpayee, Advocate, has put in appearance for the private opposite party no.2 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 for the following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the entire criminal proceedings of the case no. 49763/2016, state VS. Ravindra Yadav & others, arising out of case crime no.616/2015, under section 420,406,147,323,504,506 I.P. C, P. S-Gomti Nagar, Distt. Lucknow, pending in the court of chief judicial magistrate, Lucknow as well as impugned chargesheet no.318/2015, dated 25.11.2015 as contained in Annexure no. 2 to this application only in respect of the applicant." Learned counsel for the applicant submitted 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.4 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 weeks 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 four 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 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 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench