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2025 DAILYLAW 186354 (ALL)

KOMAL AGARWAL v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

A482/10305/2025 · 2025-12-05

Brij Raj Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10305 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant(s), learned A.G.A. for the State-opposite party no.1 and Sri Ashutosh, learned counsel, who has filed power on behalf of opposite party no.2, which is taken on record. 2. The present application has been filed seeking following main relief :- "to quash the entire criminal proceedings of Charge sheet No: 01, dated 15/10/2017 pending against the petitioner before the learned Chief Judicial Magistrate, Lucknow relating Case Crime No. 60/2017 under section 406 IPC Act. Police Station Hazratganj & district Lucknow, and quash the charge sheet dated 15.10.2017 filed under section 406 IPC as well as also quash the cognizance and summoning order dated 04.07.2018 passed in case no. 40554/2018 which is registered as Charge sheet. No. 01, 10/2017 arising out of case crime no. 60/2017 under section 406 IPC Act, Police Station Hazratganj & district-Lucknow on the basis of compromise dated 24/10/2025 so far as it relates with the petitioner in the interest of justice." 3. Learned counsel for both the parties submit that parties have amicably settled their dispute outside the Court by way of compromise and the original compromise deed has been annexed as Annexure-4 to the application, therefore, the aforesaid case may be decided in terms of the compromise arrived at between the parties. Versus Counsel for Applicant(s) : Arif Hussain Counsel for Opposite Party(s) : G.A. Komal Agarwal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s) 4. 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 before the court concerned. 5. Accordingly, the present application is disposed of with a direction to both the parties to appear before the court concerned on 15.12.2025 and file their comprise application. If such compromise application is filed, the court concerned shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise within six weeks from that date. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court making compromise to be part of the record and a report to that effect shall also be send to this Court whether the said compromise took place or not. The court concerned will allow the parties to obtain certified copy of the report as well as compromise. It will also be open to the applicant to approach this Court again for quashing of the proceedings. 6. For a period of three months, no coercive action shall be taken against the applicants in the aforesaid complaint case. 7 Office is directed to return the original compromise deed to the counsel for the applicant(s) after retaining a photocopy of the same on record. December 5, 2025 Mohit Singh/- A482 No. 10305 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench