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2025 DAILYLAW 170504 (ALL)

RAM PRAKASH PAL AND 6 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS

A482/11842/2024 · 2025-01-03

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:450 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11842 of 2024 Applicant :- Ram Prakash Pal And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Applicant :- Neelam Verma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Shri M.B. Tiwari, Advocate, has put in appearance for the private opposite party nos.2 and 3 by way of filing his Vakalatnama, which is taken on record. 2. Heard learned counsel for the applicant(s), Shri M.B. Tiwari, learned counsel for opposite party nos.2 and 3, learned AGA for the State and perused the record. 3. The present application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the entire proceedings of Criminal Case No.69905 of 2024; State Versuus Ram Prakash Pal and others, arising out of Case Crime No.32 of 2024, under sections 147, 323, 427, 452, 504, 506 I.P.C., relating to Police Station - Nagram, District Lucknow, pending in the Court of learned Additional Chief Judicial Magistrate -IV, Court No.28, Lucknow, as well as impugned chargesheet dated 6.3.2024, submitted against the petitioners under Sections 147, 323, 427, 452, 504, 506 I.P.C. by the Investigating Officer in aforesaid case crime number, and impugned summoning order dated 16.07.2024, passed by the learned Additional Chief Judicial Magistrate-IV, Court No.28, Lucknow, as contained in Annexure nos.1 and 2 respectively to the instant petition, in the light of compromise, attained between the parties, in the interest of law and justice." 4. Learned counsel for the applicant(s) 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.4 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. 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 weeks 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 :- 3.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench