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2025 DAILYLAW 140038 (ALL)

SACHIN GARG v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

A482/4720/2024 · 2025-01-15

Saurabh Lavania

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2511 Court No. - 12 Case :- APPLICATION U/S 482 No. - 4720 of 2024 Applicant :- Sachin Garg Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Amit Chaudhary,Sukumar Srivastava Counsel for Opposite Party :- G.A.,Ravi Kant Shukla Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the applicant, Shri Ravi Kant Shukla, learned counsel for opposite party no.2, learned AGA for the State and perused the material available on record. 2. The present application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief:- "i. Quash the impugned charge sheet and cognizance & summoning order dated 09/05/2017 along with entire proceeding of Crl. Case No.2038/2017; State VS Sachin Garg, arising out of Crime No. 407/2016, U/S 498A, 323, 504, 506 I.P.C, Police Station Hasanganj, District-Lucknow, pending before J.M. IInd, Lucknow, contained as Annexures1 and 2 in the interest of Justice." 3. Learned counsel for the applicant 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.S.A.1 to the supplementary affidavit dated 12.11.2024. 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. 4. 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. 5. 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 in the aforesaid case. Order Date :- 15.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench