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2025 DAILYLAW 147277 (ALL)

RAM SHNAKAR and ANOTHER v. STATE OF U.P. and ANOTHER

A482/2558/2018 · 2025-03-11

Saurabh Lavania

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:15147 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2558 of 2018 Applicant :- Ram Shnakar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Dixit,Avinash Dixit,Badrus Sahar Counsel for Opposite Party :- Govt. Advocate,Pramesh Kumar Jaiswal,Rajesh Kumar Awasthi Connected with Case :- APPLICATION U/S 482 No. - 1200 of 2017 Applicant :- Priyanka Yadav And Ors. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Pramesh Kumar Jaiswal,Rajesh Kumar Awasthi,Rizwanul Haque Ansari Counsel for Opposite Party :- Govt. Advocate,Manoj Kumar Dixit Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the parties and perused the material available on record. 2. Application u/s 482 No.2558 of 2018 has been filed for the following main relief:- "Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the charge sheet No. 844 of 2014 dated 12.10.2014 arising out in case crime No. 917 of 2014 under section 323/504/452/354 I.P.C. related to police station Thakurganj District Lucknow and also quash the entire proceedings of case No. 692/2015 (State versus Ram Shankar and others arising out o case crime No. 917 of 2014 under section 323/504/452/354 I.P.C., Police Station Thakurganj, District Lucknow, pending in the Court of A.C.J.M. C.B.I. (A.P.) Lucknow as well as 04 summoning order dated 20.04.2015 passed by learned trial court, during pendency of instant petition." 3. Application u/s 482 No.1200 of 2017 has been filed seeking the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned Chargesheet no.146 of 2015 submitted u/s. 323, 504, 506, 354 I.P.C. relates to Case Crime No.918 of 2014 P.S. Thakurganj. District - Lucknow and also further be pleased to quash the Summoning order dated 23.12.2015 issued by the Additional Chief Judicial Magistrate C.B.I. (Ayodhya Prakaran) Lucknow in case no- 78816 of 2015 (State v/s Km. Priyanka Yadav alias Pinki & others )and also further be pleased to quash the entire proceeding of the aforesaid case in the interest of justice." 4. Since the issue involved in both the applications are same, hence the same are being decided by this common order. 5. It is stated that on account of petty dispute both the sides lodged the FIR against each other, i.e. (i) FIR/Case Crime No.917 of 2014, under Sections 323, 504, 452, 354 I.P.C., P.S. - Thakurganj, District- Lucknow was lodged by opposite party no.2- Km. Priyanka Yadav in Application u/s 482 No.2558 of 2018, who is applicant no.1 in Application u/s 482 No.1200 of 2017 and (ii) FIR/Case Crime No.918 of 2014, under Sections 323, 504, 506, 354 I.P.C., P.S.-Thakurganj, District- Lucknow was lodged by opposite party no.2-Ram Shankar in Application u/s 482 No.1200 of 2017, who is applicant no.1 in Application u/s 482 No.2558 of 2018. 6. It is stated that now the parties have amicably settled their 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 dated 20.11.2024 in Application u/s 482 No.2558 of 2018. 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. 7. 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. 8. 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 week's 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 four week's 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 :- 11.3.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench