AVESH AHMAD v. STATE OF U.P THRU. SECY. DEPTT. HOME LKO. AND ANOTHER
/1943/2025 · 2025-11-28
body2025
DailyLaw.ai
[ 2025 DAILYLAW 181950 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 181950 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1943 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Sri Anil Kumar Tiwari, 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):-
"WHEREFORE, it is most humble prayed that this Hon'ble Court may kindly be pleased to quashed the entire Criminal Proceedings of Criminal Case No. 4912/2025, State Vs. Avesh Ahmad and summoning order dated 18/08/2025 as well as charge sheet No. 01/2025 dated 10/05/2025 arising out of Case Crime No. 200/2025, Under Section- 132/324(4)/115(2)/352/351(2) B.N.S. (Corresponding Section 353/427/323/504/506 I.P.C.), Police Station- Kotwali Nagar, District- Sultanpur pending before learned Additional Chief Judicial Magistrate Court No. 16 Sultanpur, District- Sultanpur as contained Annexure no 1 to 2 to this petition may kindly be decided in terms of compromise between the opposite parties and the petitioner have entered into compromise and they have settled their dispute outside the court as such they do not want to contest the case further."
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. 6 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) : Ravindra Shukla Counsel for Opposite Party(s) : G.A. Avesh Ahmad .....Applicant(s) State Of U.P Thru. Secy. Deptt. 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/- NA528 No. 1943 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench