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2025 DAILYLAW 157011 (ALL)

SHANKER AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/6490/2025 · 2025-08-08

Brij Raj Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46382 Court No. - 28 Case :- APPLICATION U/S 482 No. - 6490 of 2025 Applicant :- Shanker And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Vimal Kishor Singh Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for applicants, learned A.G.A. for the State and Sri Premkant, Advocate, who has filed his Power today on behalf of opposite party no.2, which is taken on record. 2. This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No.1845 of 2018 (State vs. Shanker) arising out of Case Crime no.299 of 2017 under Sections 419, 420, 406, 323, 504 & 506 IPC, Police Station Dewa, District Barabanki, as well as Charge Sheet No.01/18.01.2018 and summoning order dated 18.9.2018, pending in the court of Additional Chief Judicial Magistrate, Court no.17, Barabanki, in the light of compromise dated 30.7.2025. 3. Learned counsel for the applicants has submitted that in this case, parties have compromised the matter outside the Court and the original compromise deed has been filed as Annexure-4 to this application. He submits that the aforesaid case may be decided in terms of the compromise arrived at between the parties. 4. Sri Premkant, learned counsel appearing for opposite party no.2, also states that he has no objection in case compromise takes place between the parties. 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 before the court concerned. 6. In view of the aforesaid facts, parties are directed to appear before the court concerned i.e. Additional Chief Judicial Magistrate, Court no.17, Barabanki on 13.8.2025 along with an application annexing therewith the original compromise deed. If such compromise application is filed, the court concerned shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise within three weeks thereafter. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court making compromise to be part of the record. The court concerned will allow the parties to obtain certified copy of the report as well as compromise. 7. Till the compromise is verified by the court concerned, all the proceedings of Criminal Case No.1845 of 2018 (State vs. Shanker) arising out of Case Crime no.299 of 2017 under Sections 419, 420, 406, 323, 504 & 506 IPC, Police Station Dewa, District Barabanki, pending in the court of Additional Chief Judicial Magistrate, Court no.17, Barabanki, shall remain stayed. 8. After verification of compromise, it will be open for the applicants to approach this Court again by filing a fresh petition for quashing of the entire proceedings on the basis of compromise. 9. Office is directed to return the original compromise deed filed along with this application to learned counsel for the applicants after retaining a photocopy of the same on record within 24 hours. 10. The application stands disposed of. Order Date :- 8.8.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench