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2025 DAILYLAW 148461 (ALL)

ARIF AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/5384/2025 · 2025-07-03

Om Prakash Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37419 Court No. - 30 Case :- APPLICATION U/S 482 No. - 5384 of 2025 Applicant :- Arif And Another Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Seraj Ahmad,Sandeep Kumar Ojha,Shubham Dixit Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J. Vakalatnama filed by Shri Shrikant Tripathi, Advocate and Shri Touqeer Ahmad, Advocate on behalf of respondent no.2 is taken on record. Heard learned counsel for the applicant, learned counsel for respondent no.2 and learned A.G.A. for respondent State. The present application has been filed by the applicant for quashing of the entire criminal proceedings of Criminal Case No.26922 of 2015, Case Crime No.973 of 2014, under Sections 452, 323, 504 I.P.C., Police Station Thakurganj, District Lucknow as well as for quashing of impugned summoning order dated 04.06.2015 and charge sheet dated 18.11.2014. Learned counsel for the applicant submits that the dispute between the parties have been amicably settled outside the court by way of compromise. The original copy of the compromise deed dated 30.05.2025 is on record as Annexure-4 to the application. Learned counsel appearing for respondent no.2 does not dispute the above facts rather he concedes the same. It is jointly prayed by the parties' counsel that on the basis of compromise the proceedings impugned are liable to be quashed. Learned A.G.A. has no objection, however, he submits that it will be appropriate that compromise is verified first by the competent court and only then any further orders may be passed. On due consideration of the arguments advanced by the parties' counsel and perusal of the record and considering the law laid down by Hon'ble Supreme Court of India in the case of Gian Singh vs. State of Punjab, 2012 AIR SCW 5333, the instant application under Section 482 Cr.P.C. is disposed of directing the parties to appear before the learned trial court for verification of the compromise dated 30.05.2025 within three weeks from today. Learned trial court shall verify the contents of the compromise in the presence of parties within a period of one week thereafter and provide a copy of verification report to the parties. The proceedings impugned (supra) shall be kept in abeyance for the period of two months from today. It will be open for the applicant to approach this Court again for quashing of the proceedings by filing a fresh petition along with verification report given by the learned trial court and also the compromise entered between the parties. Office is directed to return original copy of the compromise to learned counsel for the applicant after keeping the photocopy of the same on record. (Om Prakash Shukla,J.) Order Date :- 3.7.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench