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2025 DAILYLAW 131216 (ALL)

PRADEEP YADAV ALIAS DEEPU AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/2779/2025 · 2025-04-02

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18349 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2779 of 2025 Applicant :- Pradeep Yadav Alias Deepu And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- D.P. Dutt Tiwari Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Sri Manas Mishra, Advocate filed Vakalatnama on behalf of opposite party no.2, which is taken on record. 2. Heard Sri D.P. Dutt Tiwari, learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record. 3. The instant application has been filed for quashing the impugned Complaint Case No.21790 of 2022 and other consequential proceedings emanating therefrom as well as summoning order dated 17.03.2023, whereby the petitioners were summoned to face trial under Sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, pending in the court of learned Additional Chief Judicial Magistrate-4th, Court No.28, Lucknow. 4. It has been jointly submitted by learned counsel for the parties that both the parties have entered into a compromise on 19.03.2025. Accordingly, they have prayed for quashing of the proceedings in Complaint Case No.21790 of 2022 (Smt. Tarawati Yadav vs. Pradeep Yadav and others), under Sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, pending in the court of learned Additional Chief Judicial Magistrate-4th, Court No.28, Lucknow. The compromise which has taken place between the parties is also filed before this Court as Annexure No. 3 to the application. 5. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned as such compromise has to be duly verified in presence of the parties concerned before the Court. 6. Accordingly, this application is disposed of with a direction to the trial court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. 7. The court concerned in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. 8. For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case. 9. Office is directed to return the original compromise deed to the learned counsel for the applicants, after taking the photocopy of the same. [Alok Mathur,J.] Order Date :- 2.4.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench