Neutral Citation No. - 2025:AHC-LKO:3530 Court No. - 12 Case :- APPLICATION U/S 482 No. - 9426 of 2022 Applicant :- Susma Maurya (In Charge Sheet Susma Devi Maurya) Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. U.P. Lko. And Another Counsel for Applicant :- Manoj Kumar Singh,Rajendra Prasad Lodhi Counsel for Opposite Party :- G.A.,Ajey Singh,Rajendra Prasad Lodhi Hon'ble Saurabh Lavania,J. Heard. Instant application has been preferred by the applicant(s) for the following main relief(s):- "WHEREFORE, it is most humbly prayed that this Hon'ble Court may kindly be pleased to quash the impugned Charge Sheet (Police Report) bearing No. 01 of 2021, dated 07.11.2021, vide Case Crime No. 285 of 2021, under Sections 316, 201, 120-B I.P.C. in respect of petitioner, Police Station Hardi, District - Bahraich and order of cognizance and summoning order dated 23.04.2021, passed by learned Judicial Magistrate, Bahraich in Case No. 35409 of 2021 "State Versus Lalle Shukla and others" and further proceedings of the case in pursuance thereof, pending in the court of learned Judicial Magistrate, Bahraich, in the ends of justice." It is stated that in the matter of co-accused/Mohammad Avesh, this Court, after taking note of the fact that compromise has been entered into between the parties, vide order dated 18.12.2024 passed in APPLICATION U/S 482 No. 8744 of 2022 (Mohammad Avesh vs. State of U.P. and another) disposed of the said application and referred the matter to the trial court for the purposes of verification of compromise entered into between the parties. The order dated 18.12.2024, referred, is extracted hereunder:- "1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant application has been filed for quashing the proceeding of Case NO.35409/2021, Case Crime No.285 of 2021, under Sections 316, 120-B I.P.C., Police Station Hardi, District Bahraich. 3. Learned counsel for the applicant submit that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.SA1 to the application. 4. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below as such compromise has to be duly verified in presence of the parties concerned before the Court. 5. Accordingly, this application is disposed of with a direction to the 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. 6. 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 applicants to approach this Court again for quashing of the proceedings. 7. For a period of one month, no coercive action shall be taken against the applicant in the aforesaid case. 8. Office is directed to return the original compromise deed to the learned counsel for the applicant, after taking the photocopy of the same." It is stated that in the instant case also, the parties have entered into the compromise, which is annexed as Annexure No. SA-1 to the supplementary affidavit dated 25.10.2024. It is further sated that the applicant is discharging her duties as Asha Bahu and in fact has not committed any crime. Further submission is that taking note of the aforesaid and also keeping in view the fact that a settlement, which is annexed as Annexure No. SA-1 to the supplementary affidavit dated 25.10.2024, has been 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:- (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. Order Date :- 20.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench