VIVEK YADAV @ VIVEKANAND YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/10119/2025 · 2025-12-03
Indrajeet Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 182669 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 182669 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10119 of 2025 Court No. - 30 HON'BLE INDRAJEET SHUKLA, J.
1. Sri Santosh Kumar Tripathi, Advocate has filed vakalatnama on behalf of opposite party no. 2, which is taken on record. 2. Heard learned counsel for the applicant, 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 entire proceedings of Criminal Case No. 91604 of 2023, State Vs. Vivek Yadav arising out of Case Crime No. 192 of 2019, under Sections 498-A, 323, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Chinhat, District Lucknow pending in the court of Additional Chief Judicial Magistrate-V, Lucknow as well as impugned charge-sheet dated 20.02.2021, submitted against the petitioner under Sections 498-A, 323, 506 IPC and Section 3/4 of Dowry Prohibition Act by the Investigating Officer in aforesaid case crime number as contained in Annexure 1 to this application, in the light of compromise attained between the parties. 4. Learned counsel for the applicant 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. Versus Counsel for Applicant(s) : Sachin Shukla, Ritu Maurya, Sharad Kumar Counsel for Opposite Party(s) : G.A. Vivek Yadav @ Vivekanand Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. 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 concerned as such compromise has to be 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 applicant 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 applicant in the aforesaid case. 9. Office is directed to return the original compromise deed, if any, to the learned counsel for the applicant, after taking the photocopy of the same. December 3, 2025 Pratima A482 No. 10119 of 2025 2 (Indrajeet Shukla,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench