/10817/2023 of RAJ JAISWAL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
Court: Allahabad High Court
Bench: RAJEEV SINGH
Judgment date:
Case summary
Allahabad High Court judgment dated 2024-12-02. /10817/2023 of RAJ JAISWAL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER. Read the...
Judgment text
Neutral Citation No. - 2024:AHC-LKO:79874 Court No. - 13 Case :- APPLICATION U/S 482 No. - 10817 of 2023 Applicant :- Raj Jaiswal And Another Opposite Party :- State Of U. P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Vinay Mishra Counsel for Opposite Party :- G. A. ,Dinesh Kumar Dixit Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicants, learned counsel for opposite party no. 2 as well as learned A. G. A. for the State and perused the record. 2. The instant application has been filed for quashing the impugned Charge sheet dated 25. 11. 2018 filed in F. I. R NO. 0340/2018 U/s 452, 354 Ka, 504, 506 I. P. C. Police Station Indira Nagar, District Lucknow and also quash the order dated 22. 04. 2019 passed by the Additional Chief Judicial Magistrate Court No. 32, Lucknow in Criminal Case No. 1076/2019. 3. Learned 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. 4. Whether 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. 5. Accordingly, 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. 6.
The 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. 7. For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case. 8. Office is directed to return the original compromise deed to the learned counsel for the applicants, after taking the photocopy of the same. Order Date :- 2. 12. 2024 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench
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