SUNIL GAUTAM v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME, LKO. AND ANOTHER
A482/5972/2024 · 2025-01-17
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145765 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145765 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:3362 Court No. - 12 Case :- APPLICATION U/S 482 No. - 5972 of 2024 Applicant :- Sunil Gautam Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Harendra Pratap Singh Counsel for Opposite Party :- G.A.,Brij Raj Singh Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicant, learned counsel for opposite party no.2, learned AGA for the State and perused the material available on record. 2. The instant application has been preferred by the applicant seeking the following main relief:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to pass an order thereby allowing the petition and quash the entire proceedings of case bearing S.T No.237/2021, arising out of Case Crime No. 1229/2019, under Section-323, 504, 506, 307 IPC, Police Station- Kotwali, District Unnao "State Verses Sunil Gautam" pending in the court of Additional Session Judge. Court no.III Unnao on the basis of compromise between the parties concern in the light of several law laid down by this Hon'ble Court as well as Hon'ble the Apex Court."
3. It is stated that on account of matrimonial dispute/discord the opposite party no.2-wife lodged the FIR bearing Case Crime No.1229 of 2019 making allegations to attract offences under Sections 147, 148, 149, 323, 324, 504, 506, 316, 307 I.P.C. and in absence of any evidence the Investigating Officer filed the charge sheet under Sections 323, 504, 506, 307 I.P.C.
4. It is further stated that the husband and wife, i.e. applicant and opposite party no.2 have now settled their dispute amicably and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No.4 to the present application. 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. 5. 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. 6.
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 weeks 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 weeks 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 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, 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 :- 17.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench