JAGJEET SINGH @ MONU AND 3 OTHERS v. STATE OF OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/11487/2024 · 2025-01-22
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168391 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168391 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:4240 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11487 of 2024 Applicant :- Jagjeet Singh @ Monu And 3 Others Opposite Party :- State Of Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Hemant Tripathi Counsel for Opposite Party :- G.A.,Priyesh Mishra Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicant(s), learned counsel for opposite party no.2, learned AGA for the State and perused the record. 2. The present application under Section 482 Cr.P.C. now Section 528 Bharatiya Nagarik Suraksha Sanhita (in short "BNSS") has been filed for the following main relief:-
"Wherever, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to Quash the Charge sheet no.01/2024 dated 22/08/2023 filed in F.I.R No. 0313/2023 under sections 193, 504, 506 IPC and Summoning order dated 06/11/2023 passed in Criminal case no. 20242/2023: State vs Sardar Jagjeet Singh & Others under sections 193, 504, 506 IPC which is pending in the court of Chief Judicial Magistrate, Pratapgarh as well as entire criminal proceedings of case crime no. 20242 of 2023: State vs Sardar Jagjeet Singh & others mentioned herein above and is pending against the present Applicants."
3. Taking note of the inability of the parties to appear before this Court, today when the case was taken up, learned counsel for the applicants says that on account of personal difficulty the parties could not appear before this Court and further stated that both the parties have amicably settled their dispute outside the Court and have entered into a compromise, which is evident from the deed of compromise/settlement which is annexed as Annexure No.4 to the 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. 4. 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. 5. 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 :- 22.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench