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2025 DAILYLAW 147343 (ALL)

BINDHESH KUMAR (BINDHESH AS PER CHARGE SHEET) v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/5188/2025 · 2025-06-20

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35996 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5188 of 2025 Applicant :- Bindhesh Kumar (Bindhesh As Per Charge Sheet) Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Abdul Malik,Amar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Vakalatnama filed by Sri Malik Meraj Ahmad, 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 with following prayer:- "To quash the impugned Charge Sheet dated 03.07.2018 bearing Charge Sheet No. 01/2018, impugned summoning order dated 10.12.2021 passed by Learned Additional Chief Judicial Magistrate, Ist, Lucknow, relating to Case Crime No. 0011/2018, Under Section- 147, 149, 323, 504, 506, 447, 511, 120 BI.P.C and 7 Criminal Law (Amendment) Act, 1932, Police Station- Nigoha, District- Lucknow, as well entire proceeding of the Case No. 99264/2021 (State Versus Raj Kumar and Others) pending in Court of Additional Chief Judicial Magistrate, Ist, Lucknow, as contained in Annexure No. 1 and 2 respectively to this petition, in so far as it relates to the petitioner/applicant. To stay the further proceeding of Case No. 99264/2021 (State Versus Raj Kumar and Others) pending in Court of Additional Chief Judicial Magistrate, Ist, Lucknow." 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.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 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 :- 20.6.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench