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2025 DAILYLAW 190041 (ALL)

SANDEEP KUMAR ( IN FIR SANDEEP ) AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 4 OTHERS

A482/8987/2025 · 2025-10-17

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. - 8987 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Sri Pradeep Kr. Singh Bisen, Advocate, has put in appearance for the private opposite party nos. 2 to 5 and has filed his Vakalatnama, which is taken on record. Heard learned counsel for the applicant(s), learned AGA for the State and perused the record. Instant application has been preferred by the applicant(s)/petitioner(s) for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash and set aside the impugned chargesheet no. 103/2022 dated 15.11.2022 (contained herein as Annexure No. 1) along with the impugned summoning order passed by the Court of Additional Civil Judge (J.D.)/ J.M. Court No.23, District- Pratapgarh, dated 24.01.2023 (contained herein as Annexure No.2) taking the cognizance and summoning the applicants along with entire proceeding in Session Trial No. 41 of 2025 "State Vs Sandeep Kumar Harijan and others", currently pending before Learned Additional Session Judge, Court No.2arising out of Crime No. 226/2022, under Sections147, 148, 149, 323, 504, 506, 308, 427, 325 of IPC, Police Station-Kohndaur, District- Pratapgarh, on the basis of compromise dated 05.09.2025 (as contained in Annexure-1,2 and 5), in the interest of justice." 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 and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No. 5 to the present application. As such, keeping in Versus Counsel for Applicant(s) : Durgesh Shukla, Rahul Rai Counsel for Opposite Party(s) : G.A. Sandeep Kumar ( In Fir Sandeep ) And 4 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others .....Opposite Party(s) 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, 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. October 17, 2025 Vinay/- A482 No. 8987 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench