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2025 DAILYLAW 152256 (ALL)

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

A482/5832/2025 · 2025-07-21

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41556 Court No. - 13 Case :- APPLICATION U/S 482 No. - 5832 of 2025 Applicant :- Aditya Misra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Riyaz Ahmad Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Dr. Vinod Kumar Bajpai and Shri Osama Syed, learned Advocates have put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2, which is taken on record. Heard learned counsel for the applicant, learned AGA for the State as well as learned counsel for the opposite party No.2 and gone through the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief:- "WHEREFORE it is prayed that the charge sheet of Case No.0037688/2016, State Vs. Aditya Misra, vide Crime No. 918/2015, U/s 341,406,504, 506 IPC, PS- Ghazipur, Lucknow pending in the Court of Special C.J.M. (Custom), Lucknow may be quashed on the basis of the compromise entered between the parties. It is further prayed that the summoning order dated 09.08.2016 may also be quashed. It is further prayed that the proceedings of the Case No. 0037688/2016, State Vs. Aditya Misra, vide Crime No. 918/2015, U/s 341, 406, 504, 506 IPC, PS- Ghazipur, Lucknow pending in the Court of Special C.J.M. (Custom), Lucknow may be quashed on the basis of compromise entered between the applicant and the complainant." It is submitted that both 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.4 to the present application. 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. 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. Considering the aforesaid, this application is disposed of finally in following terms:- (i) The parties to the proceedings, i.e. Case No.0037688/2016, State Vs. Aditya Misra, vide Crime No. 918/2015, U/s 341,406,504, 506 IPC, P.S. - Ghazipur, Lucknow pending in the Court of Special C.J.M. (Custom), Lucknow may, 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 to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise to the Counsel for the applicant, 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 in the aforesaid case. Order Date :- 21.7.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench