SHIVAM AGARWAL AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY HOME AND ANOTHER
A482/12039/2024 · 2025-01-03
body2025
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[ 2025 DAILYLAW 170460 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170460 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:315 Court No. - 12 Case :- APPLICATION U/S 482 No. - 12039 of 2024 Applicant :- Shivam Agarwal And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy Home And Another Counsel for Applicant :- Rajesh Sharma,Rajendra Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Saurabh Upadhyay, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2 and filed her Vakalatnama, which is taken on record. Heard learned counsel for the applicants, learned AGA for the State of U.P. and gone through the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to: - To allow the application of the applicants U/S- 528 BNSS and quash the proceeding of arising out of Case Crime No.- 0304/2023, U/S- 498A/323/506 IPC and 3/4 DP Act, P.S.- Palia, District- Lakhimpur Kheri and is pending in the Court of Chief Judicial Magistrate, Lakhimpur Kheri in the case (State V/s Shivam Agarwal & others) at Case No.11895 of 2024, Case Crime No.- 0304/2023, U/S- 498A/323/506 IPC and 3/4 DP Act, P.S.- Palia, District- Lakhimpur Kheri."
Learned counsel for the applicants has submitted 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. 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 i.e. Case No.11895 of 2024, Case Crime No.- 0304/2023, U/S- 498A/323/506 IPC and 3/4 DP Act, P.S.- Palia, District- Lakhimpur Kheri, arising out of Case Crime No.-0304/2023, U/S- 498A/323/506 IPC and 3/4 DP Act, P.S.- Palia, District- Lakhimpur Kheri, shall appear and file the compromise before the concerned Court within two 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 applicants to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise to the Counsel for the applicants, after retaining its photocopy on record. It is for the purposes for its verification by the concerned court. (vii) For a period of six weeks, no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 3.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench