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2025 DAILYLAW 146629 (ALL)

SMT. SANJU DEVI AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. U.P. AND 2 OTHERS

A482/5145/2025 · 2025-06-19

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35911 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5145 of 2025 Applicant :- Smt. Sanju Devi And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And 2 Others Counsel for Applicant :- Girdhari Lal Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Vakalatnama filed by Ms. Seeta on behalf of opposite party nos. 2 and 3 is taken on record. 2. Heard learned counsel for the applicants, learned counsel for opposite party nos. 2 and 3 as well as learned A.G.A. for the State and perused the record. 3. The instant application has been filed for setting aside the entire criminal proceedings of Criminal Case NO. 2869 of 2015 arising out of charge-sheet No. 131 of 2013 dated 8.8.2013 filed in Case Crime No. 103 of 2013 (NCR No. 66/2012) under Sections 316, 323, 504, 506 I.P.C., Police Station Kotwali Mankapur, District Gonda. 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. 3 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 :- 19.6.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench