HARI SHANKER AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
A482/5173/2025 · 2025-06-19
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147255 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147255 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:35890 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5173 of 2025 Applicant :- Hari Shanker And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Himanshu Shekhar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Sri Kirti Vardhan Shukla, Advocate filed Vakalatnama on behalf of opposite party no.4 is taken on record.
2. Heard learned counsel for the applicants, learned counsel for opposite party no.4 as well as learned A.G.A. for the State and perused the record.
3. The instant application has been filed for quashing the charge-sheet dated 29.08.2015 and summoning order dated 08.08.2016 passed in Criminal Case No. 6014 of 2016 arising out of Case Crime No. 108A/2015, under Sections 147, 323, 504, 506 IPC, P.S. Atariya, District Sitapur.
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.5 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 J. K. Dinkar Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench