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2025 DAILYLAW 136016 (ALL)

ATUL @ ADARSH PRATAP SINGH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/3492/2025 · 2025-05-08

Om Prakash Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26895 Court No. - 30 Case :- APPLICATION U/S 482 No. - 3492 of 2025 Applicant :- Atul @ Adarsh Pratap Singh And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sushil Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J. 1. Vakalatnama filed today by Shri Ashish Tripathi, Advocate on behalf of opposite party No.2 is taken on record. 2. Heard learned Counsel for the applicants, learned Counsel for the opposite party No.2, learned A.G.A. for the State and perused the material placed on record. 3. The present application under Section 482 Cr.P.C. (Now Section 528 of B.N.S.S., 2023) has been filed on behalf of the applicants seeking quashing of the cognizance order dated 28.09.2019 and charge sheet dated 19.07.2019 submitted in Criminal Case No.77310/2019 arising out of Case Crime No.0218/2019 under Sections 147, 323, 506, 307 and 427 I.P.C., Police Station-Chinhat, District-Lucknow pending before learned Special Judge, PC Act-6, Lucknow; State vs. Atul alias Adarsh and Others. 4. Learned counsel for the applicants submits that the dispute between the parties have been amicably settled outside the court by way of compromise. The original copy of the compromise is on record as Annexure-4 to this application. 5. Learned counsel appearing for opposite party No.2 does not dispute the above facts rather he concedes the same. 6. It is jointly prayed by the parties' counsel that on the basis of compromise, the proceedings impugned are liable to be quashed. 7. Learned A.G.A. has no objection, however, he submits that it will be appropriate that compromise is verified first by the competent court and only then any further orders may be passed. 8. On due consideration of the arguments advanced by the parties' counsel and perusal of the record and considering the law laid down by Hon'ble Supreme Court of India in the case of Gian Singh vs. State of Punjab, 2012 AIR SCW 5333, the instant application under Section 482 Cr.P.C. (Section 528 of B.N.S.S., 2023) is disposed of directing the parties to appear before the learned trial court for verification of the compromise, which is annexed as Annexure No.4 to this application. Learned trial court shall verify the contents of the compromise in the presence of parties within a period of one week thereafter and provide a copy of verification report to the parties. 9. The proceedings impugned (supra) shall be kept in abeyance for the period of two months from today. 10. It will be open for the applicants to approach this Court again for quashing of the proceedings by filing a fresh petition along with verification report given by the learned trial court and also the compromise entered between the parties. 11. Office is directed to return original copy of the compromise to learned counsel for the applicant after keeping the photocopy of the same on record. (Om Prakash Shukla, J.) Order Date :- 8.5.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench