SURYA KANT PANDEY ALIAS SANJAY AND 7 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO AND ANOTHER
A482/11308/2023 · 2025-02-06
Karunesh Singh Pawar
body2025
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[ 2025 DAILYLAW 168819 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 168819 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:7926 Court No. - 16 Case :- APPLICATION U/S 482 No. - 11308 of 2023 Applicant :- Surya Kant Pandey Alias Sanjay And 7 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Arpit Dwivedi,Bipin Dutt Dixit,Narendra Chauhan,Vikas Yadav,Vinod Kumar Yadav Counsel for Opposite Party :- G.A.,Dharmendra Kumar Trivedi Hon'ble Karunesh Singh Pawar,J.
1. Heard learned counsel for the applicants, learned counsel for respondent no.2 and learned A.G.A. for respondent State. 2. The present application has been filed by the applicants namely Surya Kant Pandey Alias Sanjay, Shiv Mohan Pandey alias Bhanu, Smt. Meenu Mishra, Prabhakar Mishra, Smt. Malti Mishra, Manglesh Mishra alias Ramu, Smt. Shashi Tiwari and Balmukund Tiwari alias Anshu for quashing of the entire proceedings of Complaint Case registered as Criminal Misc. Case No.1422/2023 (Akhilesh Pandey vs. Surya Kant Pandey) arising out of application dated 26.05.2023 moved under Section 156(3) Cr.P.C. before the Additional Chief Judicial Magistrate, District Raebareli, under Sections 323, 504, 506, 452 IPC, P.S. Gurbakashganj, District Raebareli. 3. Learned counsel for the applicants submits that dispute between the parties have been amicably settled outside the court by way of compromise. The original copy of the compromise deed dated 20.08.2024 is on record as Annexure-SA-1 to the application for disposal of the petition in terms of the compromise. 4. Learned counsel appearing for respondent no.2 does not
dispute the above facts rather he concedes the same. 5. It is jointly prayed by the parties' counsel that on the basis of compromise the proceedings impugned are liable to be quashed. 6. Learned A.G.A. has no objection, however, he submits that it will be appropriate that compromise is verified first by the competent court and only then any further orders may be passed. 7. On due consideration of the arguments advanced by the parties' counsel and perusal of the record and considering the law laid down by Hon'ble Supreme Court of India in the case of Gian Singh vs. State of Punjab, 2012 AIR SCW 5333, the petition is disposed of directing the parties to appear before the learned trial court on 17.02.2025 for verification of the compromise dated 20.08.2024. Learned trial court shall verify the contents of the compromise in the presence of parties within a period of two weeks' thereafter and provide a copy of verification report to the parties.
8. The proceedings impugned (supra) shall be kept in abeyance for the period of two months from today. 9. It will be open for the applicants to approach this Court again for quashing of the proceedings by filing a fresh petition along with verification report given by the learned trial court and also the compromise entered between the parties. Order Date :- 6.2.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench