PREM PRAKASH AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/8955/2025 · 2025-10-28
Saurabh Lavania
body2025
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[ 2025 DAILYLAW 202730 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 202730 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8955 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Sri Saurabh Singh, Advocate, has put in appearance for the private opposite party no. 2 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 graciously be pleased to quash the impugned charge sheet No. 264 of 2023 filed in case crime No. 185 of 2023 under section 323,504,352 IPC & 3(1) Dha, 3(2) (a) SC/ST Act police station Hargoun Sitapur, and against the Summoning order passed by court of special judge SC/ST Act Sitapur on 12.02.2024, in S.T. No. 146/2024 (State Vs Prem Praksh), pending before court of special judge SC/ST Act Sitapur, may kindly be quashed/decided in terms of compromise, between the opposite party No.2 and the petitioners they have entered in to compromise and they settled their dispute outside the court as such, they do not want contest the case further, 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. 4 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. Versus Counsel for Applicant(s) : Anurag Singh Counsel for Opposite Party(s) : G.A. Prem Prakash And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
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 28, 2025 Vinay/- A482 No. 8955 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench