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2025 DAILYLAW 199487 (ALL)

HEMANT VERMA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/10449/2025 · 2025-12-10

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10449 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 Manish Kumar Yadav and Sri Vivek Kumar Divedi, learned counsels, who have 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(s):- "a) To quash the impugned summoning order dated 01.05.2019 passed by the Learned Sessions Judge, Rae Bareli in complaint case no. 533 of 2018 in re: 'Shivli Verma v. Hemant Verma and others, whereby the Learned court below has summoned the petitioners no. 1 under sections 312, 498- A, 323, 504, 506 IPC and 4 of Dowry Prohibition Act and petitioner no. 2 under sections 498-A, 323, 504, 506 IPC and 4 of Dowry Prohibition Act, which has been annexed as Annexure No. 1 to this petition; b) To quash the impugned Application under Section 156(3) of Cr.P.C., preferred by the opposite party no. 2, which was registered as Complaint Case No. 533 of 2018 before the Court of Chief Judicial Magistrate, Raebareli against the petitioners and other relatives accused therein, annexed as Annexure No. 2 to this petition" 3. Learned counsel for both the parties submit that parties have amicably settled their dispute outside the Court by way of compromise and the Versus Counsel for Applicant(s) : Parth Anand, Nadeem Murtaza Counsel for Opposite Party(s) : G.A. Hemant Verma And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) original compromise deed dated 01.12.2025 has been annexed as Annexure-5 to the application, therefore, the aforesaid case may be decided in terms of the compromise arrived at between the parties. 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 19.12.2025 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 10, 2025 Mohit Singh/- A482 No. 10449 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench