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2025 DAILYLAW 169783 (ALL)

LAL BAHADUR @ LAL BAHADUR YADAV v. STATE OF U.P. THRU. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER

A482/11409/2024 · 2025-07-02

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37676 Court No. - 15 Case :- APPLICATION U/S 482 No. - 11409 of 2024 Applicant :- Lal Bahadur @ Lal Bahadur Yadav Opposite Party :- State Of U.P. Thru. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Bhuvan Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Bhuvan Dwivedi, the learned counsel for the applicant, Sri Angad Vishwakarma, the learned A.G.A for the State, Ms. Saumya Shukla, learned counsel for opposite party no. 2. 2. By means of the instant application filed under Section 482 Cr.P.C/528 B.N.S.S., the applicant has sought quashing of the impugned charge sheet and summoning order dated 13.07.2016 as well as the entire criminal proceedings of Criminal Case No. 37973 of 2016, arising out of Case Crime No. 79 of 2014, under Sections 498-A, 323 & 504 IPC, Police Station Gomtinagar, District Lucknow, pending before Chief Judicial Magistrate, Lucknow, on the ground that the parties have already been entered into a settlement. 3. The quashing of the proceedings has been sought on the ground that the parties have entered into a compromise on 23.08.2024, which has been annexed as Annexure No.4 to the application. 4. The applicant had filed an application under section 482 Cr.P.C. No. 7647 of 2024, which was disposed of by means of an order dated 30.08.2024 directing the trial court to verify the compromise. The compromise has been verified by means of an order dated 18.09.2024 passed by the Chief Judicial Magistrate, Lucknow in Criminal Case No. 31973 of 2016, which is annexed as Annexue No. 6 of the application. 5. Learned counsel for the opposite party no. 2 has supported the prayer made by the applicant and has given his consent for proceedings being quashed on the basis of compromise. 6. Accordingly, the present petition is allowed and the impugned charge sheet and summoning order dated 13.07.2016 as well as the entire criminal proceedings of Criminal Case No. 37973 of 2016, arising out of Case Crime No. 79 of 2014, under Sections 498-A, 323 & 504 IPC, Police Station Gomtinagar, District Lucknow, pending before Chief Judicial Magistrate, Lucknow, are hereby quashed. Order Date :- 2.7.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench