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2025 DAILYLAW 146952 (ALL)

VISHAL PANDEY AND ANOTHER v. STATE OF U.P. THRU. ITS PRIN. SECY. U.P. LKO. AND ANOTHER

NA528/615/2025 · 2025-06-18

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35843 Court No. - 11 Case :- APPLICATION U/S 528 BNSS No. - 615 of 2025 Applicant :- Vishal Pandey And Another Opposite Party :- State Of U.P. Thru. Its Prin. Secy. U.P. Lko. And Another Counsel for Applicant :- Manoj Kumar Misra,Chandra Chood Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Sri Nishit Upreti, Advocate filed Vakalatnama on behalf of opposite party no.2, which is taken on record. 2. Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record. 3. The instant application has been filed with following prayer:- "To quash the entire proceeding of Criminal Case No. 129603/2024, viz. State vs. Vishal Pandey and another along with impugned Chargesheet No. 1 dated 11-09-2024 submitted in Case Crime No.304/2024, Police Station- Gazipur, District- Lucknow and Cognizance & Summoning Order dated 23-12-2024 passed by Learned Court of Special Chief Judicial Magistrate, Lucknow, summoning the Petitioner No. 1 U/S 498-A, 323, 504, 506 IPC, 3/4 DP Act and Petitiojier No.2 U/S 498-A IPC for facing trial and prevent the abuse of process of court and law in order to secure the end of justice. To stay the further proceeding of the Chargesheet No.1 dated 11-09-2024 in Criminal Case No. 129603/2024, viz. State vs. Vishal Pandey and another in Case Crime No.304/2024 Police Station-Gazipur, District- Lucknow, pending in the Learned Court of Special Chief Judicial Magistrate (custom), Lucknow." 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.4 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 :- 18.6.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench