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2025 DAILYLAW 170792 (ALL)

UDAY PRATAP MISHRA AND 5 OTHERS v. STATE OF U.P. THRU. PRIN SECY. DEPTT.OF HOME, LKO . AND ANOTHER

/12011/2024 · 2025-01-07

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:925 Court No. - 12 Case :- APPLICATION U/S 482 No. - 12011 of 2024 Applicant :- Uday Pratap Mishra And 5 Others Opposite Party :- State Of U.P. Thru. Prin Secy. Deptt.Of Home, Lko . And Another Counsel for Applicant :- Jagendra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Ram Kinkar Upadhyay, Advocate, has put in appearance for the private opposite party No. 2 and has filed his Vakalatnama, which is taken on record. Heard learned counsel for the parties and perused the record. Instant application has been preferred by the applicant(s) for the following main relief(s):- "Under the facts, reasons and circumstances stated in the present application and affidavit filed in its support, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set-aside the impugned summoning order dated 29.08.2008 passed by learned Chief Judicial Magistrate Faizabad who taking cognizance on the Charge-sheet dated 23.07.2008 submitted under section 147, 323, 504, 506, 452, IPC & 3(i)(X) SC/ST Act against the applicants in Case Crime No. 672/2008, FIR dated 30.06.2008 lodged at Police Station- Kotwali Bikapur, District- Faizabad (now Ayodhya) summoned the applicants for facing trial in aforesaid sections as well as entire proceeding of aforesaid Sessions Trial No. 414/2009 (State Vs. Uday Pratap Mishra & others) which is pending before the learned Special Judge, SC/ST Act, Faizabad and further be pleased to quash the impugned Charge-sheet dated 23.07.2008 submitted under section 147, 323, 504, 506, 452, IPC & 3(i)(X) SC/ST Act against the applicants which are contained as ANNEXURE NO. 1 & 2 with this affidavit." 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. 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 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 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 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 :- 7.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench