Ankur Dwivedi v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 10777 of 2023 Applicant :- Ankur Dwivedi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko And Another Counsel for Applicant :- Bhanu Dutt Dwivedi,Monika Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Vakalatnama filed by Sri Durga Prasad Dubey, Advocate on behalf of opposite party no.2 is taken on record.

¶2Heard learned counsel for the applicant, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record.

¶3The instant application has been filed for quashing the charge-sheet dated 9.1.2023 and impugned summoning order dated 8.8.2023 as well as entire proceeding of Case No.84947 of 2023 arising out of FIR dated 15.8.2022 bearing no.520 of 2022 under Sections 354, 427, 452 and 504 I.P.C., Police Station Gomti Nagar, District Lucknow.

¶4Learned counsel for the applicant submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.4 to the application.

¶5Whether 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.

¶6Accordingly, 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.

¶7The 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.

¶8For a period of one month, no coercive action shall be taken against the applicant in the aforesaid case.

¶9Office is directed to return the original compromise deed to the learned counsel for the applicant, after taking the photocopy of the same. Order Date :- 2.11.2023 Vipul High Court of Judicature at Allahabad, Lucknow Bench