NITESH KUMAR SRIVASTAVA @ NITESH SRIVASTAVA AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
A482/7073/2024 · 2025-01-21
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152697 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152697 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:3815 Court No. - 12 Case :- APPLICATION U/S 482 No. - 7073 of 2024 Applicant :- Nitesh Kumar Srivastava @ Nitesh Srivastava And 3 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Shri Nilesh Singh, Advocate, has put in appearance on behalf of opposite party no.2 by way of filing his Vakalatnama, which is taken on record. 2. Heard learned counsel for the applicant(s), learned counsel for opposite party no.2, learned A.G.A. for the State and perused the material available on record. 3. The present application under Section 482 Cr.P.C. now Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short
"BNSS") has been filed for the following main relief:-
"Wherefore it is most respectfully prayed that this Hon'ble court may kindly be pleased, That it would be expedient in the interest of justice that this Hon'ble court may kindly be pleased to quashed the proceeding of criminal case no 5644 of 2024 and charge sheet dated 2.08.2021 as well as summon order dated 13.04.2022 arising out of case crime no 224 of 2021, under section 498A/ 323/504/I.P.C and 3/4 of D.P Act, Police station Amethi District Amethi pending before the ACJM court no 20,Sultanpur contained Annexure no 5 and 6 to this petition and it is further prayed that during the pendency of the present application the proceeding of criminal case no-5644 of 2024 be stayed till final disposal of the present case in the interest of Justice. 4. Learned counsel for the applicant(s) 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 S.A.1 to the supplementary affidavit filed on 15.01.2025. 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. 5. 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. 6.
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 two 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 :- 21.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench