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2025 DAILYLAW 175228 (ALL)

AJAY PAL SINGH AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

/10112/2025 · 2025-11-28

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10112 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Mr. Komal Prasad Tiwari, learned Advocate has filed his Vakalatnama on behalf of opposite party no.2, which is taken on record. Heard learned counsel for the applicant(s), learned Counsel for the opposite party no.2, learned AGA for the State and perused the record. The instant application has been filed for the following main relief:- "That, in view of the full facts and circumstances which have been disclosed in the accompanying affidavit and annexures therein and which may be read in support of present petition under section 528 BNSS (earlier482 Cr.P.C.), it is expedient in the interest of justice that this Hon'ble Court may graciously be pleased to quash the summoning orders dated 02.06.2020 and 23.08.2023 passed by the Court of Chief Judicial Magistrate, Gonda, in Case No. 3828/2020, whereby the Learned Magistrate has taken the cognizance and summoned the petitioner no.1 to 3, U/Sc. 419, 420, 467, 468, 471 IPC and petitioner no.4 /Sc. 419, 420, 120-B IPC, respectively, to face the trial arising out of FIR No. 700/2019 registered at P.S.: Kotwali Nagar, District: Gonda." 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 Versus Counsel for Applicant(s) : Sumeet Tahilramani, Shiv Pratap Singh Counsel for Opposite Party(s) : G.A. Ajay Pal Singh And 3 Others .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s) 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-3828 of 2020 (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 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. November 28, 2025 Jyoti/- A482 No. 10112 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench