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2025 DAILYLAW 43419 (ALL)

SHEELAM AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/29351/2013 · 2025-09-15

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 29351 of 2013 Court No. - 79 HON'BLE ALOK MATHUR, J. 1. Heard Sri Ashok Kumar Rai, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and learned counsel appearing on behalf of opposite party no. 2. 2. This petition has been filed by the applicants for quashing of the Case No. 2208 of 2013 (State Vs. Asha Devi), under Sections 109 and 342 I.P.C., pending in the court of Chief Judicial Magistrate, Sant Kabirnagar on the basis of compromise deed dated 07.11.2024. 3. Learned counsel for the parties submit that parties have amicably compromised their dispute, therefore, the aforesaid case may be decided in terms of the compromise between the parties. 4. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below, as such compromise has to be duly verified in presence of the parties concerned before the Court below. 5. Accordingly, this petition is disposed of with a direction to the 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. The court in that scenario will allow the parties to obtain certified copy of the Versus Counsel for Applicant(s) : Ashok Kumar Rai, Prakash Veer Tripathi Counsel for Opposite Party(s) : Anjani Kumar Tripathi, Balwant Singh, Maruti Kumar Tripathi, S.C. Kushwaha Sheelam And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) report as well as compromise and it will be open to the parties to approach this Court again for quashing of the proceedings. 6. For a period of one month, no coercive action shall be taken against the applicant in the aforesaid case. 7. Original copy of compromise, if filed before this Court along with the present application, be returned to the learned counsel for applicants, as per Rules of Court. 8. With aforesaid directions, the application stands disposed of. September 16, 2025 AS A482 No. 29351 of 2013 2 (Alok Mathur,J.) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad