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2025 DAILYLAW 153230 (ALL)

CHARANJEET KUMAR AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/6060/2025 · 2025-07-28

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43302 Court No. - 13 Case :- APPLICATION U/S 482 No. - 6060 of 2025 Applicant :- Charanjeet Kumar And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ambrish Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Shri Ram Janak Yadav, Advocate, has put in appearance for the private opposite party no.2 and has filed his Vakalatnama, which is taken on record. 2. Heard learned counsel for the parties and perused the record. 3. Instant application has been preferred by the applicant(s) for the following main relief:- "Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash and setting aside the impugned Cognizance order dated 09-04-2024 passed by the Additional Chief Judicial Magistrate Court No- 11 Barabanki in Criminal Case No- 779 of 2024 in:re case crime no- 0665 of 2022 under section 498 A, 323, IPC and 3, 4 D.P. Act Police Station-Ram Nagar Barabanki also and set aside the District- Charge sheet bearing its No- 01/2022 dated 18- 11-2022 in:re case crime no- 0665 of 2022 under section 498 A, 323, IPC and 3, 4 D.P. Act Police Station-Ram Nagar District- Barabanki and also set aside entire criminal proceeding against applicant on the basis of the compromise as the applicant and the victim are married couple and no dispute remains between them to be decided by the Hon'ble Court, in the interest of justice." 4. It is submitted that both the parties have amicably settled their matrimonial 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.6 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. 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 weeks 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 weeks 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 :- 28.7.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench