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2025 DAILYLAW 177191 (ALL)

MAHENDRA PANDEY AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/10029/2025 · 2025-11-28

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10029 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Sri Krishna Singh Yadav, Advocate alongwith Ms. Poonam, Advocate, has put in appearance for the private opposite party No. 2 and has filed his Vakalatnama, which is taken on record. 2. Heard learned counsel for the parties and perused the record. 3. Instant application has been preferred by the applicant(s) for the following main relief(s):- "A. To, quash the impugned Charge Sheet dated 10.02.2024 (Annexure No. 1) filed in Case Crime No. 19 of 2024 under section 498-A, 323, 504 IPC lodge at Police Station - Rahimabad, District - Lucknow, in relation to the Petitioners on the basis of compromise. B. To, quash the entire criminal proceedings as well as the impugned Cognizance order dated 08.04.2025 (Annexure No. 2) passed by the learned Special Chief Judicial Magistrate (Custom), District Lucknow in Criminal Case No. 38065 / 2025 (State vs. Mahendra Pandey and others) pending before Special Chief Judicial Magistrate (Custom), District Lucknow, arising out of Case Crime No. 19 of 2024 under section 498-A, 323, 504 IPC lodge at Police Station Rahimabad, District - Lucknow, against the Petitioners." 4. It is stated 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. Versus Counsel for Applicant(s) : Suresh Kumar Yadav Counsel for Opposite Party(s) : G.A. Mahendra Pandey And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 5. 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. 6. 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. November 28, 2025 Arun/- A482 No. 10029 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench