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2025 DAILYLAW 174131 (ALL)

SUNEET KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/2003/2025 · 2025-12-04

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 2003 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Heard. The instant application has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to pass an order for quashing of the entire proceeding of Case No. 38318 of 2025 arising out of Case Crime No. 181 of 2025, Under Sections- 85,115(2), 352 131 351 (3) B.N.S., Police Station-Fatehpur, District- Barabanki, Pending in the Court of learned Chief Judicial Magistrate, Court No.18, District-Barabanki, on the basis of the compromise between the parties and also for granting any other relief to the petitioner, which this Hon'ble Court deems fit and proper in the facts and circumstances of the present case in favour of the petitioner, to meet the ends of 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. 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, the instant application is disposed of finally in following terms:- (i) The parties to the proceedings i.e. Case No. 38318 of 2025 (supra), shall appear before the concerned Court within six weeks' from today and file the compromise. (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 Versus Counsel for Applicant(s) : Vivek Chandra Counsel for Opposite Party(s) : G.A. Suneet Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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. December 4, 2025 Jyoti/- NA528 No. 2003 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench