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2025 DAILYLAW 179605 (ALL)

HANUMAN DAS AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/9986/2025 · 2025-12-03

Indrajeet Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9986 of 2025 Court No. - 30 HON'BLE INDRAJEET SHUKLA, J. 1. Power filed by Sri Anand Kumar Tiwari on behalf of respondent no.2 is taken on record. 2. Heard Sri Sukh Deo Singh, learned counsel for the applicants, Sri Anand Kumar Tiwari, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record. 3. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 13.4.2025 and summoning order dated 02.09.2025 along with other consequential proceedings pending in the court of Additional Chief Judicial Magistrate, Lucknow in Case Crime No. 32 of 2024 under Sections 406, 420, 467, 468, 471, 504, 506 IPC, Police Station Mahanagar, District Lucknow and stay the further proceedings against the applicants in the above mentioned case. 4. Learned counsel for the applicants submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No. 4 to the application. He further submits that the offences in which the compromise is sought are not heinous and the compromise can take place in view of the dictum of Hon'ble Supreme Court in the case of Gian Singh Vs. State of Punjab and another, 2012 (10) SCC 303. 5. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned as such compromise has to be Versus Counsel for Applicant(s) : Sukh Deo Singh Counsel for Opposite Party(s) : G.A. Hanuman Das And Another .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) duly verified in presence of the parties concerned before the Court. 6. Accordingly, this application is disposed of with a direction to the trial court concerned that if any such compromise is filed before it, 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. 7. The court concerned 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. 8. For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case. 9. Office is directed to return the original compromise deed, if any, to the learned counsel for the applicants, after taking the photocopy of the same. December 3, 2025 Pratima A482 No. 9986 of 2025 2 (Indrajeet Shukla,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench