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2025 DAILYLAW 146231 (ALL)

ABHISHEK TIWARI and OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME. LKO and OTHERS

/1886/2019 · 2025-01-24

Saurabh Lavania

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:4941 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1886 of 2019 Applicant :- Abhishek Tiwari And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home. Lko And Others Counsel for Applicant :- Nishant Shukla,Siddhant Kumar,Umesh Kumar Tiwari Counsel for Opposite Party :- Govt. Advocate,Akil Imam,Mahmood Alam,Mayank Dwivedi,Syed Saad Anwar Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the applicant(s), learned counsel for opposite party no.3, learned A.G.A. for the State and perused the 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:- "Wherefore it is most respectfully prayed that this Hon'ble Court may be pleased to quash the Summoning order dated : 06.04.2013 passed by the Learned Additional Chief Judicial Magistrate (CBI-AP), Lucknow, the Charge Sheet no.49/2013 dated: 19.02.2013 along with all consequential proceedings (i.e. proceedings of Case No.1164/2013 Tate of U.P. ..vs.. Abhishek Tiwari & others), pending before Learned Court of Additional Chief Judicial Magistrate (CBI-AP), Lucknow." 3. Learned counsel for the applicant(s) submitted that both the parties have amicably settled their matrimonial 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. 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 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(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(s) in the aforesaid case. Order Date :- 24.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench