Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 170881 (ALL)

DHARMENDRA KUMAR YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. LKO AND ANOTHER

A482/12057/2024 · 2025-01-03

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:217 Court No. - 12 Case :- APPLICATION U/S 482 No. - 12057 of 2024 Applicant :- Dharmendra Kumar Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Lko And Another Counsel for Applicant :- Ashok Kumar Singh,Syed Ahsan Mehdi Zaidi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Ashish Kumar Tiwari, 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:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Criminal Case No. 394 of 2018; State Versus Dharmendra Kumar Yadav, arising out of Case Crime No 636 of 2017, Under Section - 406 and 420 IPC at police Station- Kotwali Nagar, District- Gonda, Pending in the court of Chief Judicial Magistrate, Gonda, as well as Charge sheet no. 01 of 2017, dated 25-12-2017, under section 406 and 420 IPC against the petitioner filed by then Investigating Officer and cognizance / summoning order dated 27-01-2018 passed by the Learned Court of Chief Judicial Magistrate, Gonda, on the basis of compromise executed between the applicant / petitioner and respondent no. 2, in the interest of law and justice." 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 :- 3.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench