Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 170611 (ALL)

SHIV SHANKAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO AND ANOTHER

A482/11851/2024 · 2025-01-03

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:444 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11851 of 2024 Applicant :- Shiv Shankar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko And Another Counsel for Applicant :- Sudheer Kumar Rawat Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Pawan Kumar, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2 and filed his 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 kindly be pleased to :- quash the entire Criminal Proceeding as well as the impugned summoning order dated 21.03.2023 passed by the learned A. C. J. M. VI, Lucknow in Criminal Case No. 26861/2023, (State Versus Shiv Shankar and others) arising out of Case Crime No. 126/2022 under sections 406, 420, 504 I.P.C., at Police Station- Kakori, District-Lucknow, contained in Annexure No. 2 to this petition. This Hon'ble Court may further be pleased to quash the Charge Sheet No.01/2022 dated 06.07.2022, filed by Investigating Officer in Case Crime No.126/2022, under sections 406, 420, 504 I.P.C. against the petitioner no. 1 and under section 504 I.P.C. against the petitioner no. 2, at Police Station-Kakori, District Lucknow, which is contained in Annexure No. 1 to this petition" 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.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. 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. Criminal Case No. 26861/2023, (State Versus Shiv Shankar and others) arising out of Case Crime No. 126/2022, under sections 406, 420, 504 I.P.C., at Police Station- Kakori, District-Lucknow pending before the A. C. J. M. VI, Lucknow, 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