DR.AVESH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 2 OTHERS
A482/4879/2025 · 2025-06-10
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145031 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145031 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:35135 Court No. - 11 Case :- APPLICATION U/S 482 No. - 4879 of 2025 Applicant :- Dr.Avesh And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 2 Others Counsel for Applicant :- Pradeep Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Sri Manoj Kumar Nishad, Advocate filed Vakalatnama on behalf of opposite party nos.2 & 3 is taken on record. 2. Heard learned counsel for the applicants, learned counsel for opposite party nos.2 & 3 as well as learned A.G.A. for the State and perused the record. 3. The instant application has been filed for quashing the entire criminal proceedings pending the court of Sessions Judge, Gonda in Session Trial No.1593 of 2023 (State Vs. Dr. Avesh and others) arising out of Case Crime No.311 of 2021, under Section 323, 324, 307, 308, 504, 506 IPC, Police Station- Katra Bazar, District- Gonda on the basis of the compromise dated
17.05.2025. 4. Learned counsel for the applicants submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.1 to the application. 5. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned as such compromise has to be duly verified in presence of the parties concerned before the Court. 6. Accordingly, this application is disposed of with a direction to the trial court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. 7. The court concerned 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 one month, no coercive action shall be taken against the applicants in the aforesaid case. 9. Office is directed to return the original compromise deed to the learned counsel for the applicants, after taking the photocopy of the same.
Order Date :- 10.6.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench