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2025 DAILYLAW 174933 (ALL)

HARSHIT SONI AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

/9720/2025 · 2025-11-27

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9720 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. (I.A. No.2 of 2025-Correction/Modification) Heard learned counsel for the parties. This is an application for correction/modification in the order dated 19.11.2025 passed by this Court. The correction/modification application is allowed and the order dated 19.11.2025 is corrected. After correction/modification, now following order is passed: "Short counter affidavit filed on behalf of the opposite party no.2 is taken on record. Heard learned counsel for the applicants, learned A.G.A for the State and learned counsel for the private-opposite party. The present application under Section 482 Cr.P.C./Section 528 Bharatiya Nagarik Suraksha Sanhita (in short "BNSS") has been filed seeking quashing of the entire proceedings of Case No. 2195 of 2021 (State Vs. Harshit Soni and others) arising out of Case Crime No. 0163 of 2020, under Sections 498- A, 323, 504, 506 I.P.C and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Bahraich including the charge sheet dated 17.01.2021 and cognizance/summoning order dated 25.02.2021 passed by Versus Counsel for Applicant(s) : Sumit Kumar Srivastava, Manoj Kumari Tiwari Counsel for Opposite Party(s) : G.A. Harshit Soni And 5 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) the court of learned Civil Judge (Junior Division)/F.T.C (W), Bahraich. Both the parties have agreed to settle their dispute amicably and a copy of the original agreement deed has been filed as Annexure-4 to this application. The said agreement has been entered into between the parties before the court of Civil Judge (Junior Division)/F.T.C (W), Bahraich in Case No. 2195 of 2021 (State Vs. Harshit Soni and others). Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the Court below itself. Both the parties are directed to appear before the concerned court within two weeks from today and file/pursue their compromise application. The court below is directed to pass an order on the said compromise application and all formalities will be completed within eight weeks from that date. Accordingly, the present application stands disposed of with a direction to the court concerned that if any such compromise is filed before it or has been already filed, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. For a period of three months, no coercive action shall be taken against the applicants in the aforesaid case. Registry is directed to return the original copy of the compromise deed to the learned counsel for the applicants after taking photocopy of the same." November 27, 2025 Sachin A482 No. 9720 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench