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2025 DAILYLAW 148880 (ALL)

ISRAIL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

A482/5383/2025 · 2025-07-03

Om Prakash Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37547 Court No. - 30 Case :- APPLICATION U/S 482 No. - 5383 of 2025 Applicant :- Israil And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Arvind Kumar,Ramraj,Sudhanshu Singh,Tushar Jain Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J. 1. Sri Pramod Kumar Khare, Advocate, has put in appearance for the complainant/opp. party Nos. 2 by filing his vakalatnaama, which is taken on record. 2. Heard learned counsel for the applicants, learned counsel for the complainant and learned A.G.A. for respondent State. 3. The present application has been filed by the applicants mainly with the prayer to quash/stay the operation and implementation of the impugned summoning order dated 17.10.2022 as well as stay the proceeding of the S.T. No.- 2512/2022 (State versus Israil and others) which is registered as case crime No.-186/2021, under sections-323,504 I.P.C. & 3 (1) द, ध, 3 (2)(va), of SC/ST Act, Police Station-Bakshi ka Talab, District-Lucknow, which is pending before the court of learned Special Judge/ S.C/S.T. Act Court District-Lucknow, in the interest of justice, (contained as Annexure No.1). It is further prayed that the Hon'ble Court may kindly be pleased to issue an order or direction to set aside the Summoning order dated 17.10.2022 passed by the learned Special Judge/S.C/S.T. Act Court District-Lucknow case crime No.-186/2021, under sections- 323,504 I.P.C. & 3 (1) द, ध, 3 (2)(va), of SC/ST Act, Police Station-Bakshi ka Talab, District-Lucknow, during the pendency of instant petition. 4. Learned counsel for the applicants 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 17.06.2025 is on record as Annexure-5 to the application. 5. Learned counsel appearing for the complainant does not dispute the above facts rather he concedes the same. 6. It is jointly prayed by the parties' counsel that on the basis of compromise, the proceedings impugned are liable to be quashed. 7. 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. 8. 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 21.04.2025. 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. 9. The proceedings impugned (supra) shall be kept in abeyance for the period of two months from today. 10. It will be open for the applicants 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. 11. 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 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench