DEEPAK KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND ANOTHER
A482/2377/2025 · 2025-03-12
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128741 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128741 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:15452 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2377 of 2025 Applicant :- Deepak Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Suyash Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Anurag Singh, 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(s) for the following main relief(s):-
"For the facts reasons and circumstances as stated in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside/quash the Chargesheet No. 01/2024 dated 29.03.2024 relating to case no. 9121/2024, case crime no. 66/2024 under section 420 506 of I.P.C & 67 of 1.T. Act, P.S. Jahangirganj, District Ambedkarnagar. It is further prayed that this Hon'ble Court may kindly be pleased to stay the proceeding of case no. 9124/2024 dated 29.03.2024 relating to case crime no. 66/2024 under section 420, 354, 506 of L.P.C & 67 of 1.T. Act, P.S. Jahangirganj, District Ambedkarnagar and summoning order dated 02.12.24 issued by Chief Judicial Magistrate Ambedkarnagar
"State versus Deepak". during the pendency of the present petition."
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