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2025 DAILYLAW 157450 (ALL)

SMT. SAROJ GAUR ALIAS SAROJ KASHYAP v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER

A482/6649/2025 · 2025-08-14

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47969 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6649 of 2025 Applicant :- Smt. Saroj Gaur Alias Saroj Kashyap Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Rehan Ahmad Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant(s), learned AGA for the State as well as Sri Mohd. Saboor Kamran, Advocate, who has put in appearance and filed his Vakalatnama on behalf of opposite party no. 2, and perused the record. The vakalatnama is taken on record. 2. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire criminal proceeding of Case No.692/2015 (State Vs. Saroj Gaur), arising out of Case Crime No.605 of 2015, under Sections 420 and 506 IPC lodged at Police Station Thakurganj, District Lucknow, pending in the Court of learned A.C.J.M.-V, Lucknow, to quash the charge- sheet dated 10.09.2016 filed in the aforesaid FIR and the summoning order dated 26.11.2016 on the ground that the parties have arrived at a compromise/settlement. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been implicated in the instant case. He next added that due to some misunderstanding, the instant F.I.R. has been lodged against the applicant and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 16.07.2025, original copy of which has been annexed as Annexure-4 to the application. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicant are the futile exercise as there is no fate of trial and that is amount to harassment of the applicant and thus, the criminal proceedings against the applicant may be quashed. 4. On the other hand, learned counsel appearing for the opposite party no.2 has supported the version of the learned counsel for the applicant and submits that the parties have settled their dispute amicably through a compromise deed and there is no further grievance of the opposite parties against the present applicant and the criminal proceedings against the applicant may be dropped. 5. Learned A.G.A. appearing for the State has no objection to the contentions aforesaid. 6. Now 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 trial Court. 7. Accordingly, this application is disposed of with a direction to the trial Court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. 8. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicant to approach this Court again for quashing of the proceedings. 9. For a period of three months, the proceedings of the Case No.692/2015 (State Vs. Saroj Gaur), arising out of Case Crime No.605 of 2015, under Sections 420 and 506 IPC lodged at Police Station Thakurganj, District Lucknow, pending in the Court of learned A.C.J.M.-V, Lucknow shall remain stayed. 10. The trial court is further directed for ensuring the fact that all the parties against whom the chargesheet was filed are present before the trial Court and a report with respect to this effect shall also be sent alongwith verification order. 11. Office is directed to return the original compromise deeds dated 16.07.2025 to learned counsel for the applicant within a week. . [Shree Prakash Singh, J.] Order Date :- 14.8.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench