DHARMENDRA SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
A482/4106/2025 · 2025-05-16
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140006 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140006 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:29062 Court No. - 12 Case :- APPLICATION U/S 482 No. - 4106 of 2025 Applicant :- Dharmendra Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Ankit Tiwari,Ravindra Prakash Pandey Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
1. Mr. Shailender Singh, Advocate has filed Vakalatnama on behalf of opposite party no. 3 today in Court is taken on record. 2. Heard learned counsel for applicants, learned A.G.A. for the State and Mr. Shailender Singh, learned counsel for opposite party no. 3 and perused the material available on record. 3. By means of this application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.), the applicants have challenged the entire proceedings of Complaint No. 29021 of 2021, under Sections 323, 452, 504, 506 and 354 IPC, Police Station Begumganj, District Gonda pending before Judicial Magistrate-II, Gonda. 4. Learned counsel for applicants submits that since the parties have amicably settled the dispute and nothing has remained between the parties, thus, the proceedings pending before the trial court pertaining to the instant case is nothing but the abuse of the process of law and the same be quashed. 5. Learned counsel appearing for opposite party no. 3 does not dispute the correctness of the dispute. 6. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the court below itself. 7. Accordingly, this application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is disposed of with direction to the parties to appear before the court concerned along with a certified copy of this order on 28.05.2025 and be permitted to file an application for verification of the original compromise document. If the aforesaid compromise is
verified, a report to that effect shall be prepared by the trial court and the compromise will be made part of the record. The court 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 two months from today or till verification of the compromise by the trial court, whichever is earlier, no coercive measure shall be taken against the applicants in pursuance of proceedings of Complaint No. 29021 of 2021, under Sections 323, 452, 504, 506 and 354 IPC, Police Station Begumganj, District Gonda pending before Judicial Magistrate-II, Gonda. 9. Office is directed to return the original compromise deed to learned counsel for applicants after taking photocopy of the same on record. . (Alok Mathur, J.) Order Date :- 16.5.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench