PREMLATA DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
Court: Allahabad High Court
Bench: AJAI KUMAR SRIVASTAVA-I
Judgment date:
Case summary
Allahabad High Court judgment dated 2024-12-04. PREMLATA DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER. Read the judgment and case...
Judgment text
Neutral Citation No. - 2024:AHC-LKO:80968 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4488 of 2024 Applicant :- Premlata Devi Opposite Party :- State Of U. P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Suresh Sharma,Devendra Kumar Singh Counsel for Opposite Party :- G. A. ,Angrej Nath Shukla,Kamal Bahadur Singh Hon'ble Ajai Kumar Srivastava-I,J. 1. Heard learned counsel for the applicant, learned A. G. A. for the State, Shri Angrej Nath Shukla, learned counsel for opposite party No. 2 and perused the entire record. 2. The instant application has been filed by the applicants for setting aside the impugned summoning order dated 24. 08. 2018 in Case No. 49165 of 2018 under Sections 419, 420, 467, 468, 471, 504, 506 IPC at police station Jankipuram, District Lucknow and also quash the charge sheet dated 30. 03. 2018 on the basis of mutual compromise arrived at between the parties in Case Crime No. 0269 of 2015. 3.
Learned counsel for the applicants submitted that dispute between the parties is civil in nature. However, parties jointly submit that the applicant and the opposite party no. 2 have entered into a compromise on 21. 03. 2024. They have settled their dispute amicably out of the Court during the pendency of the aforesaid case mutually and voluntarily and have decided not to contest the case against each other. Copy of the compromise dated 21. 03. 2024 is on record as Annexure No. 3 to the application. 4. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the learned trial court, as such, compromise has to be duly verified in presence of the concerned parties before the learned trial court. 5.
Accordingly, this application is finally disposed of with a direction to the court concerned that if any such compromise is filed before it, notices be issued to all the concerned parties including the injured or victim, if any, 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 concerned 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. Registry of the Court is directed to return the original compromise deed, if any, annexed with the instant or connected application to the learned counsel for the applicants, after retaining a photocopy of the same on record. 8.
During the process of verification, the impugned summoning order dated 24. 08. 2018 or any process issued pursuant thereto, shall not be given effect to qua the present applicant Premlata Devi. (Ajai Kumar Srivastava-I, J. ) Order Date :- 4. 12. 2024 Arnima Digitally signed by :-Digitally signed by :- ARNIMA SINGHARNIMA SINGH High Court of Judicature at Allahabad,High Court of Judicature at Allahabad, Lucknow BenchLucknow Bench
Source: Allahabad High Court. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.