Disposed

Abhishek v. Lal Pati and 2 Others v State of U.P. Thru. Secy. Deptt. Home Lko. and Another

Allahabad HC7 Feb 2025A482/1068/2025

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC seeking quashing of criminal proceedings based on a claimed compromise, the Single Judge refused to quash the matter outright. The court directed the parties to file the compromise deed before the trial court for verification within four weeks. Pending verification and on stay conditions, coercive actions were suspended.

What did the court decide?

Application disposed of; parties directed to file compromise deed before trial court; coercive actions stayed for eight weeks.

Abhishek v. Lal Pati and 2 Others Vs State of U.P. Thru… — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:7934

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 1068 of 2025

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Applicant :- Abhishek V. Lal Pati And 2 Others Opposite Party :- State Of U.P. Thru. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Shaquiel Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the parties and perused the record.

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Instant application has been preferred by the applicant(s) for the following main relief(s):-

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"Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the charge sheet No. 02 of 2023, dated 26.11.2023 in case No.96429 of 2024 bearing case crime No. 36 of 2023, U/S-498-A, 323, 504,506 I.P.C and 34 D.P. Act on which cognizance has been taken by Civil Judge 12-(Junior Division) FTC Crime against women Lucknow and the subsequent proceeding against the petitioners arising after the filing of the charge-sheet.

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It is further prayed that this Hon'ble Court may further be pleased to stay the operation and implementation of the impugned charge-sheet in terms of petitioners and the subsequent proceedings arisen against the petitioners there to till the pendency of this petition before this Hon'ble Court."

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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.

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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.

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Considering the aforesaid, this application is disposed of finally in following terms:-

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(i) The parties to the proceedings in issue shall appear and file the compromise before the concerned court within four week's from today.

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(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.

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(iii) The concerned court shall conclude the process of verification of compromise within four week's from the date of production of copy of this order.

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(iv) The concerned court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed.

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(v) It shall be open to the applicant(s) to approach this Court again for quashing of the proceedings.

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(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.

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(vii) For a period of eight weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case.

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Order Date :- 7.2.2025 Anand/-

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Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Abhishek v. Lal Pati and 2 Others v State of U.P. Thru. Secy. Deptt. Home Lko. and Another

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Abhishek v. Lal Pati and 2 Others v State of U.P. Thru. Secy. Deptt. Home Lko. and Another

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