SHIV KUMAR PAL v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. HOME DEPTT. U.P. LKO. AND ANOTHER
A482/8239/2025 · 2025-09-24
Saurabh Lavania
body2025
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[ 2025 DAILYLAW 167225 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167225 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8239 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J.
1. Sri Suresh Chandra Shukla, Advocate, has put in appearance for the private opposite party No. 2 and has filed his Vakalatnama, which is taken on record. 2. Heard learned counsel for the parties and perused the record. 3. Instant application has been preferred by the applicant(s) for the following main relief(s):-
"(i) To pass an order or direction for quashing of the entire proceedings of complaint case no. 3114/2018 (Smt. Triveni Pal Versus Shiv Kumar Pal) as well as impugned summoning order dated 29.06.2019 passed by the court of Additional Chief Judicial Magistrate, Room No. 29, Lucknow on the basis of compromise under section 323, 506 I.P.C, police station Jankipuram, district-Lucknow and the case is under pending before the Court of Special Chief Judicial Magistrate, (Custom), District- Lucknow contained as Annexure No. 1 and 2 in the interest of justice."
4. 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. 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 concerned before the Court. Versus Counsel for Applicant(s) : Bhola Singh Patel, Beant Singh, Pravin Kumar Verma Counsel for Opposite Party(s) : G.A. Shiv Kumar Pal .....Applicant(s) State Of U.P. Thru. Its Addl. Chief Secy. Home Deptt. U.P. Lko. And Another .....Opposite Party(s)
6. 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. September 24, 2025 Arun/- A482 No. 8239 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench