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2025 DAILYLAW 190119 (ALL)

YOGENDRA PRASAD MAURYA AND 5 OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO AND ANOTHER

A482/9043/2025 · 2025-10-17

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9043 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Sri Syed Raza Mehdi, Advocate, has put in appearance for the private opposite party No. 2 and has filed his Vakalatnama, which is taken on record. 2. Heard learned counsel for the parties and perused the record. 3. Instant application has been preferred by the applicant(s) for the following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble court may graciously be pleased to quash the entire criminal proceeding of criminal case No. 4083/2024, arising out of case crime no. 64/2023, under section 147, 323, 504, 506, 452 IPC, Police Station-Aalapur, District- Ambedkar Nagar, pending in the court of learned Chief Judicial Magistrate, Ambedkar Nagar, as well as charge sheet 60/2023 dated 12.03.2023 and summoning order dated 12.04.2024 passed by Chief Judicial Magistrate, Ambedkar Nagar (on the basis of compromise) contained Annexure No.2 & 3 to this Application, in the interest of justice." 4. It is stated 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 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. 5. 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) : Shadab Waheed Counsel for Opposite Party(s) : G.A. Yogendra Prasad Maurya And 5 Others .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko And Another .....Opposite Party(s) 6. 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 Arun/- A482 No. 9043 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench