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2025 DAILYLAW 146536 (ALL)

MOHIT @ MOHIT KUMAR v. STATE OF U.P. THRU. SECY. HOME LKO. AND 2 OTHERS

A482/5078/2025 · 2025-06-16

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35625 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5078 of 2025 Applicant :- Mohit @ Mohit Kumar Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 2 Others Counsel for Applicant :- Vikram Dutt Pandey, Ramesh Gupta Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Vakalatnama filed by Sri Arvind Pratap Singh, Advocate on behalf of opposite party no.2 is taken on record. 2. Heard learned counsel for the applicant, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record. 3. The instant application has been filed for quashing the proceedings of Sessions Case No.966 of 2022; State vs. Mohit, arising out of Case Crime no.871 of 2017, under Sections 363 and 366 IPC, Police Station Wazirganj, District Gonda as well as the charge sheet dated 16.12.2017 and cognizance /summoning order dated 01.04.2021 passed by the Additional Civil Judge, (J.D), Gonda. 4. Learned counsel for the applicant 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.11 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 applicant 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 applicant in the aforesaid case. 9. Office is directed to return the original compromise deed to the learned counsel for the applicant, after taking the photocopy of the same. Order Date :- 16.6.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench