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2025 DAILYLAW 134793 (ALL)

HEMNATH AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

A482/3286/2025 · 2025-04-18

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21940 Court No. - 19 Case :- APPLICATION U/S 482 No. - 3286 of 2025 Applicant :- Hemnath And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Ashish Kumar Dixit Counsel for Opposite Party :- G.A. Hon'ble Saral Srivastava,J. 1.Vakalatnama filed today by Sri Shiv Kumar Yadav, Advocate on behalf of opposite party nos.2 & 3 is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Shiv Kumar Yadav, learned counsel for respondent nos.2 & 3. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants for quashing the entire proceedings of Criminal Case No.2973 of 2006 arising out of Case Crime No.114 of 2006, under Sections 147, 323, 452, 504 and 506 I.P.C, P.S. Malihabad, District Lucknow as well as summoning order dated 22.11.2016 passed by the Special Additional Chief Judicial Magistrate/C.B.I (A.P), Lucknow. 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.7 to the application for disposal. Thus, it is submitted that keeping in view the settlement arrived at between the parties and the law laid down by the 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 fact, this application under Section 482 Cr.P.C. is disposed off with the following terms:- (i) The parties to the proceedings in issue shall appear and file the compromise before the concerned Court within a period of 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 certified 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 :- 18.4.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad, Lucknow Bench