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2025 DAILYLAW 170731 (ALL)

SHISHIR YADAV @ SONU AND ANOTHER v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME AND 3 OTHERS

A482/11900/2024 · 2025-01-03

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:392 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11900 of 2024 Applicant :- Shishir Yadav @ Sonu And Another Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home And 3 Others Counsel for Applicant :- Awaneesh Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Amit Pandey, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 4 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 graciously be pleased to set aside the summoning order and the charge-sheet, as also the proceedings of the Special Session Trial No.174/2023; arising out of Charge-sheet dated 15.07.2022 in connection with Case Crime No.156/2022 under Section 323,332,327,504,506 of IPC and 3(2) V (a) of SC/ST Act 1989 as amended 2015, District Ayodhya; and also set aside all the proceedings pursuant thereto in terms of the compromise deed dated 07.12.2024; in as much as it pertains to the applicants and may further be pleased to direct that the applicants shall not be compelled to stand trial." 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. Special Session Trial No.174/2023; arising out of Charge-sheet dated 15.07.2022 in connection with Case Crime No.156/2022 under Section 323,332,327,504,506 of IPC and 3(2) V (a) of SC/ST Act 1989 as amended 2015, District Ayodhya, 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