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2025 DAILYLAW 153663 (ALL)

POORNENDU TIWARI v. STATE OF U.P THRU. SECY. DEPTT. OF HOME LKO. AND 2 OTHERS

A482/6054/2025 · 2025-07-28

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43303 Court No. - 13 Case :- APPLICATION U/S 482 No. - 6054 of 2025 Applicant :- Poornendu Tiwari Opposite Party :- State Of U.P Thru. Secy. Deptt. Of Home Lko. And 2 Others Counsel for Applicant :- Akhand Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Shri Himanshu Hemant Gupta, Advocate, has put in appearance for the private opposite party no.3 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 for the following main relief(s):- "For the facts, reasons and circumstances mentioned in the accompanying petition/application under section 482 Cr.P.C. and its affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash entire proceedings, arising on the basis of charge sheet dated 21/05/2013 bearing charge sheet no. 36/13 u/s 420/506 IPC in case crime no 266/2012 of IPC Police Station- Indira Nagar, Lucknow and cognizance order dated 31/01/2014 in case of State vs Poornendu Tiwari pending before ACJM-3, Lucknow, on the basis of the compromise entered between the petitioner and opposite party no 3 (complainant). It is further prayed that the proceeding, arising on the basis of charge sheet dated 21/05/2013 bearing charge sheet no. 36/13 u/s 420/506 IPC in case crime no 266/2012 of IPC Police Station- Indira Nagar, Lucknow in case of State vs Poornendu Tiwari pending before ACJM-3, Lucknow, on the basis of the compromise entered between the petitioner and opposite party no 3 (complainant), may kindly be stayed during the pendency of the present petition." 4. 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. 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, 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 :- 28.7.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench