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2025 DAILYLAW 178972 (ALL)

SARITA DEVI AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER

A482/10334/2025 · 2025-12-05

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10334 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. Power filed by Shri Kahkashan Zaidi, Advocate on behalf of opposite party no.2 is taken on record. Heard learned counsel for the applicants, learned AGA for the State, learned counsel for the opposite party no. 2 and perused the record. The present application has been filed with the following main prayer: "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Criminal Case No.79 of 2020; Shobhawati Devi Versus Mahendra Kumar, under sections- 406, 420, 504, 506 Indian Penal Code and 3(1) Da & 3(1)dha SC/ST Act pending in the Court of learned Special Judge SC/ST Act, Ambedkar Nagar, also stay the operation of implementation of the impugned Warrant/Summoning order dated 13-08-2024, as contained in Annexure no. 1 of the petition, in the light of compromise and interest of law and justice." Learned counsel for the applicants submits that the parties have amicably settled their dispute and a compromise has been arrived between them dated 26.9.2025 (Original copy of the same is appended as annexure No.4 to the application). 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. Versus Counsel for Applicant(s) : Amit Kumar Keshari, Himanshu Singh Counsel for Opposite Party(s) : G.A. Sarita Devi And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another .....Opposite Party(s) Therefore, the compromise has to be duly verified in presence of the parties concerned before the Court below itself. Counsel for opposite party no. 2 has no objection, in case compromise takes place. 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. December 5, 2025 Sachin A482 No. 10334 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench