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2025 DAILYLAW 182353 (ALL)

HEMANT CHAUHAN IN F.I.R. HEMANT CHAUHAN @ AJAY CHAUHAN AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/10224/2025 · 2025-12-04

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10224 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Mr. Prateek Tewari, and Sri Lalit Mishra, learned Advocates have filed their Vakalatnama on behalf of opposite party no.2, which is taken on record. Heard Ms. Sapna Pandey, learned counsel for the applicant(s), learned Counsel for the opposite party no.2, learned AGA for the State and perused the record. The instant application has been filed for the following main relief:- "The Petitioner named above most respectfully begs to submit that for the facts, reasons and circumstances stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the Charge-sheet No. 01, dated 25.08.2023, under sections - 498A, 323, 504, 506 I.P.C and 3/4 D.P. Act, Police Station Naka Hindola, District Lucknow, as well as cognizance order dated 20.12.2023 passed by Learned court of Special Additional Chief Judicial Magistrate, CBI (AP), Lucknow, arising out of Case Crime No. 48/2023, under section 498A, 323, 504, 506 I.P.C and 3/4 D.P. Act, Police Station Naka Hindola, District - Lucknow, 'State Vs Hemant Chauhan @ Ajay Chauhan and others' contained in Annexure no. 1 and 2." Learned counsel for the applicant(s) submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise. 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. 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. Considering the aforesaid, the instant application is disposed of finally in following terms:- (i) The parties to the proceedings i.e. Case Crime No. 48/2023 (supra), shall appear before the concerned Court within six weeks' from today and file the compromise. (ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the Versus Counsel for Applicant(s) : Shashi Prakash Singh, Sapna Pandey Counsel for Opposite Party(s) : G.A. Hemant Chauhan In F.I.R. Hemant Chauhan @ Ajay Chauhan And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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 weeks' 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. December 4, 2025 Jyoti/- A482 No. 10224 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench