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2025 DAILYLAW 182063 (ALL)

YOGENDRA TIWARI AND ANOTHER v. STATE OF U.P. THRU. THE PRIN. SECY. LKO. AND 2 OTHERS

/1941/2025 · 2025-11-28

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1941 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Sri Pankaj Awasthi, Advocate, has put in appearance for the private opposite party(s) 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):- "I. quash the entire criminal proceedings pending against the petitioners in the court of Learned Special Chief Judicial Magistrate (Custom), Lucknow in pursuance of the impugned charge sheet dated 1-11-2024 and cognizance/summoning order dated 14-10-2025, passed by Learned Special Chief Judicial Magistrate (Custom), Lucknow vide Criminal Case No. 120141/2025, Crime No. 145/2024, Police Station-Rahimabad, District-Lucknow taking cognizance against petitioner no. 1 U/s 115(2), 333 Β.Ν.S. [Corresponding Sections 323, 452 I.P.C.] and against petitioner no. 2 U/s 115(2), 333, 352, 351(3) Β.Ν.S. [Corresponding Sections 323, 452, 504, 506 I.P.C.]. II. quash the impugned charge sheet dated 1-11-2024 and cognizance/summoning order dated 14-10-2025, passed by Learned Special Chief Judicial Magistrate (Custom), Lucknow vide Criminal Case No. 120141/2025, Crime No. 145/2024, Police Station-Rahimabad, District-Lucknow taking cognizance against petitioner no. 1 U/s 115(2), 333 B.N.S. [Corresponding Sections 323, 452 I.P.C.] and against petitioner no. 2 U/s 115(2), 333, 352, 351(3) Β.Ν.S. [Corresponding Sections 323, 452, 504, 506 I.P.C.), contained as Annexures No. 1 and 2 to this petition." Versus Counsel for Applicant(s) : Rajiva Dubey Counsel for Opposite Party(s) : G.A. Yogendra Tiwari And Another .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Lko. And 2 Others .....Opposite Party(s) 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. 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. 1941 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench