SMT. KAMAL TRIPATHI (CORRECT NAME KAMAL AWASTHI ) AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/6103/2025 · 2025-08-07
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153794 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153794 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:46027 Court No. - 11 Case :- APPLICATION U/S 482 No. - 6103 of 2025 Applicant :- Smt. Kamal Tripathi (Correct Name Kamal Awasthi ) And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Maneesh Kumar Singh,Pradeep Kumar,Sharad Tewari Counsel for Opposite Party :- G.A.,Anju Srivastava,Devendra,Jagjeet Singh Hon'ble Saurabh Lavania,J. Supplementary affidavit filed today, is taken on record. Heard Sri Devendra learned Advocate holding brief of Sri Pradeep Kumar,
learned counsel for the applicants, learned Counsel for the opposite party no.2, learned AGA for the State and perused the record. The instant application has been filed for the following main relief:-
"WHEREFORE, the petitioners most respectfully begs to prays that the proceedings of complaint case No. 96656 of 2021 (Smt. Haripriya Tripathi Versus Shishir Tripathi and others) pending in the court of learned Additional Chief Judicial Magistrate (Ayodhya Prakaran), Lucknow as well as impugned summoning order dated 06.09.2024 under section-498-A, 323, 504, 506 I.P.C. and Section-3/4 D.P. Act pertaining to Police Station-Ashiyana, District-Lucknow (as contained in Annexure No. 1 & 2 respectively to this petition) may kindly be quashed/set-aside, in the interest of justice, otherwise applicants/petitioners will suffer irreparable loss and injury, which cannot be compensated at all."
Learned counsel for the applicants submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise. In this regard reliance has been placed on Annexure No. S.A.1 annexed with supplementary affidavit dated 06.08.2025. 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. 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, the instant application is disposed of finally in following terms:- (i) The parties to the proceedings i.e. Complaint Case No. 96656/2021 (supra), shall appear before the concerned Court within six weeks from today and file the compromise. (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 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 applicants 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 applicants, 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 applicants in the aforesaid case.
Order Date :- 7.8.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench