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2025 DAILYLAW 164511 (ALL)

RAJ BABU ALIAS IMRAN AND 2 OTHERS v. STATE OF U.P. THRU. ITS PRIN.SECY. HOME SECTT. LKO. AND ANOTHER

A482/7818/2025 · 2025-09-17

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7818 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Sri Manoj Kumar Dixit, learned Advocate has filed his Vakalatnama on behalf of opposite party no.2, which is taken on record. Heard 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, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside/quash the impugned summoning order dated 12/04/2024 passed by the Court of First Additional Civil Judge (Senior Division)/A.C.J.M., Raebareli and impugned Non-Bailable Warrant against the Applicant No. 2 and Bailable Warrant against the rest of the Applicants order dated 19/02/2025 arising out Complaint Case No. 27037/2022, Vimla Devi Vs. Arjun Kumar and others, under section- 498-A, 323, 504, 506 of The Indian Penal Code, 1860 & Section 3 and 4 of Dowry Prohibition Act, 1961 Police Station-Mohanganj, District- Amethi as well as quashing the entire proceedings of the above noted case related to the Applicants." Learned counsel for the applicants submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise. 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. Versus Counsel for Applicant(s) : Tauseef Ali Ansari, Zoheb Ahmad Counsel for Opposite Party(s) : G.A. Raj Babu Alias Imran And 2 Others .....Applicant(s) State Of U.P. Thru. Its Prin.Secy. Home Sectt. Lko. And Another .....Opposite Party(s) Considering the aforesaid, the instant application is disposed of finally in following terms:- (i) The parties to the proceedings i.e. Complaint Case No. 27037/2022 (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. September 17, 2025 Jyoti/- A482 No. 7818 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench