NANDINI VISHWAKARMA AND 6 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/2409/2025 · 2025-03-12
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128753 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128753 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:15441 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2409 of 2025 Applicant :- Nandini Vishwakarma And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Lalu Prasad Bhatt Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Ms. Rashmi Srivastava, 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 applicant(s), 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 quash the proceedings cognizance order dated 22.03.2024 passed by Learned Judicial Magistrate (J.M.) IInd, Sitapur, initiated by Charge Sheet dated 28.10.2022 filed by investigating officer in Case Crime No. 440/2022, under section 419, 420, 504 of I.P.C. Police Station- Mahmoodabad, District- Sitapur., pending before Learned Judicial Magistrate (J.M.) IInd, Sitapur vide Case No. 3543/2022, In'Re; "State Versus Nandni Vishwakarma & others" on the basis of the Compromise dated 12.01.2025 annexed as Annexure No. 5 to this petition, in the interest of justice." It is 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. 5 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 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 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench