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2025 DAILYLAW 162680 (ALL)

SANJAY YADAV AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 2 OTHERS

A482/7532/2025 · 2025-09-09

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7532 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Counter affidavit filed by Sri Ajeet Kumar, Advocate alongwith Vakalatnama on behalf of the opposite party No. 3 in the Court today is taken on record. Heard learned counsel for the parties and perused the record. Instant application has been preferred by the applicant(s) for the following main relief(s):- "1. To quash the summoning order dated 26/4/14 passed by the additional session judge / FTC court number 1 Ambedkar Nagar in the complaint case number 490/2014 arising out of case crime number 56A/2009 under section 379, 506 IPC registered at police station maharuva district Ambedkar Nagar in the interest of justice. 2. To quash the entire criminal proceeding of complaint case number 490/2014 under section 379, 506 IPC at police station maharuva district Ambedkar Nagar pending before additional session judge/FTC court number 1 Ambedkar Nagar on the basis of compromise dated 27/8/25 entered between the parties to dispute, in the interest of justice." It is stated 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. 5 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. 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, this application is disposed of finally in following terms:- Versus Counsel for Applicant(s) : Shravan Kumar, Abhay Mani, Ramesh, Varunesh Kumar Yadav Counsel for Opposite Party(s) : G.A. Sanjay Yadav And 2 Others .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 2 Others .....Opposite Party(s) (i) The parties to the proceedings in issue shall appear and file the compromise before the concerned court within four week's 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 two week's 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. September 9, 2025 Arun/- A482 No. 7532 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench