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2025 DAILYLAW 135818 (ALL)

SHIVDEEP SINGH and OTHERS v. STATE OF U.P. THRU. SECY. HOME. LKO and ANOTHER

A482/5860/2021 · 2025-03-06

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13824 Court No. - 12 Case :- APPLICATION U/S 482 No. - 5860 of 2021 Applicant :- Shivdeep Singh And Others Opposite Party :- State Of U.P. Thru. Secy. Home. Lko And Another Counsel for Applicant :- Dinesh Kumar,Rana Pratap Counsel for Opposite Party :- G.A.,Anuj Verma,Rahul Agnihotri Hon'ble Saurabh Lavania,J. Heard. Instant application has been preferred by the applicant(s) for the following main relief(s):- "The petitioner above named most respectfully begs to submit that for the facts, reasons and circumstances as stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the Charge sheet No. 10/2021 dated 17.01.2021 arising out of Case Crime No. 466/2020, under Sections 498A, 323, 504, 506, 427 I.P.C. and 3/4 D.P. Act at Police Station Fatehpur, District Barabanki and order of cognizance dated 28.07.2021 in Criminal Case No. 9030/2021 pending in the court of C.J.M. Barabanki, District Barabanki, in the interest of justice. It is further prayed that Criminal Case No. 9030/2021 "State of U.P. Vs. Shivdeep Singh and others" pending in the court of C.J.M. Barabanki, District Barabanki, may kindly be stayed during the pendency of this petition." Learned counsel for the applicant(s) 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. SA-1 to the supplementary affidavit. 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, 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 :- 6.3.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench