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Pradeep Singh and Another v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Disposed off/Decided on merits
Court
High Court of Judicature at Allahabad
Decided
21 December 2023
Bench
Rajeev Singhauthor
Case no.
12495/2023

Judgment

Court No. - 12 Case :- APPLICATION U/S 482 No. - 12495 of 2023 Applicant :- Pradeep Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Amandeep Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Sri Saurabh Tripathi, Advocate filed Vakalatnama on behalf of opposite party no.2 is taken on record.

¶2Heard Ms. Samiksha Chaddha, learned counsel for the applicants, Shri Saurabh Tripathi, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record.

¶3The instant application has been filed for quashing the charge-sheet dated 03.12.2019 filed in Case Crime No.159/2019, under Sections 323, 504, 506 I.P.C., Police Station Para, District-Lucknow as well as summoning order dated 23.07.2020 passed by J.M.-II, Lucknow.

¶4Learned counsel for the applicants 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 applicants to approach this Court again for quashing of the proceedings.

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

¶9Office is directed to return the original compromise deed to the learned counsel for the applicants, after taking the photocopy of the same. Order Date :- 21.12.2023 V. Sinha High Court of Judicature at Allahabad, Lucknow Bench

Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.