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2025 DAILYLAW 189946 (ALL)

AMAR SINGH AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER

NA528/1549/2025 · 2025-10-17

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1549 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Mr. Krishna Kumar Shukla, learned Advocate has filed his Vakalatnama on behalf of opposite party no.2, which is taken on record. Heard 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:- "I. Wherefore it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash charge sheet dated 23-12-2024 relating to case crime no. 260 of 2024 and summoning order dated 19-08-2025 relating to Session Case no. 1626 of 2025 Under Section- 316(2), 318(4) 352, 351(3) B.N.S. and under section 3(1)r, 3(1)s and 3(2)(va) of SC/ST Act, Police Station: Jhangirabad, District Barabanki, which is pending before the Learned ADJ Session/Special Judge SC/ST Act, Barabanki, District Barabanki on the basis of compromise deed executed between the parties." 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. Versus Counsel for Applicant(s) : Rahul Dwivedi Counsel for Opposite Party(s) : G.A. Amar Singh And Another .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. And Another .....Opposite Party(s) Considering the aforesaid, the instant application is disposed of finally in following terms:- (i) The parties to the proceedings i.e. Session Case no. 1626 of 2025 (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 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. October 17, 2025 Jyoti/- NA528 No. 1549 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench