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2025 DAILYLAW 197537 (ALL)

SANJAY MISHRA @ SANJAY KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/5727/2025 · 2025-10-07

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 5727 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Vakalatnama filed by Sri Hari Kant, Advocate on behalf of opposite party no.2 is taken on record. 2. Heard learned counsel for the applicant, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record. 3. The instant application under Section 482 CrPC has been filed with the following prayers :- (a) to quash the chargesheet dated 26.04.2018, bearing no.81/2018, in case crime no.235/2016, under sections 323, 504, 506, 498-A IPC and 3/4 Dowry Prohibition Act, registered at PS Manpur, District - Sitapur, so far as it relates to applicant. (b) to quash order of taking cognizance summoning order dated 22.10.2019 passed by Court of Second Additional Civil Judge, Sitapur and also to quash the entire proceedings of Criminal Case No.2434/2019 pending before Court of Second Additional Civil Judge, Sitapur, arising out of case crime no.235/2016, under sections - 323, 504, 506, 458-A IPC and 3/4 DP Act, registered P.S. Manpur, District Sitapur, so far as it relates to the applicant. 4. Learned counsel for the applicant submits that both the parties have amicably compromised their dispute. The compromise which has taken Versus Counsel for Applicant(s) : Ashish Mishra Counsel for Opposite Party(s) : G.A. Sanjay Mishra @ Sanjay Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) place between the parties is also filed before this Court as Annexure No.SA-1 to the application. 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 to the learned counsel for the applicant, after taking the photocopy of the same. October 7, 2025 mks A482 No. 5727 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench