SARITA MISHRA @ GUDDI v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. CIVIL SECTT. LKO. AND ANOTHER
/10209/2025 · 2025-12-04
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 175555 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175555 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10209 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Ms. Poornima Raj and Ms. Swati, learned Advocates have filed their 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:-
"Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be please to Quash / Set aside the entire proceedings of Case No. 6217 of 2015, arising out of Case Crime No. 330 of 2012 Under Section - 406 of I.P.C., Police Station - Hasanganj, District - Lucknow. (State of U.P. Versus Sarita Mishra @ Guddi), pending before the court of Learned Judicial Magistrate I (First), Lucknow. As well as impugned Charge sheet submitted by the investigating officer against the petitioner dated: 04.11.2012 and also quash / set aside the impugned summoning order dated: 24.12.2012 Passed by the Learned Additional Chief Judicial Magistrate - VI, Lucknow."
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. 6217 of 2015 (supra), shall Versus Counsel for Applicant(s) : Rajeev Srivastava, Amit Bhardwaj Counsel for Opposite Party(s) : G.A. Sarita Mishra @ Guddi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Govt. Civil Sectt. Lko. And Another .....Opposite Party(s)
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. December 4, 2025 Jyoti/- A482 No. 10209 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench