Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 133433 (ALL)

DEEPAK DHANUK (RAJPOOT) AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/3166/2025 · 2025-04-15

Saral Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:21042 Court No. - 19 Case :- APPLICATION U/S 482 No. - 3166 of 2025 Applicant :- Deepak Dhanuk (Rajpoot) And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Diwakar Goyal Counsel for Opposite Party :- G.A. Hon'ble Saral Srivastava,J. 1.Vakalatnama filed by Ms.Sapna Pandey, Advocate on behalf of respondent no.2, is taken on record. 2. Heard learned counsel for the parties and perused the material available on record. 3. The instant application has been filed seeking the following main reliefs:- "Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of Session Case No.528/2024, arising out of Case Crime No.354/2023, under Sections 363, 366 IPC, relating to Police Station Banthra, District Lucknow (State Vs. Deepak Dhanuk & others) is pending in the Court Learned Special Judge P.C.Act-III, Lucknow well as the impugned chargesheet submitted by the investigating officer and also quashing the impugned summoning order dated 20.12.2023 passed by the Special C.J.M. Custom, Lucknow in the interest of justice, contained as Annexure No.1 & 2 to this petition." 4. 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.4 to the application for disposal. 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. 5. 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. 6. Considering the aforesaid, this application is disposed off 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 two 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 applicants 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 applicants, 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 applicants in the aforesaid case. Order Date :- 15.4.2025 Mohit Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad, Lucknow Bench