RAVI VISHWAKARMA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER
Court: Allahabad High Court
Bench: RAJEEV SINGH
Judgment date:
Case summary
Allahabad High Court judgment dated 2024-12-10. RAVI VISHWAKARMA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER. Read the...
Judgment text
Neutral Citation No. - 2024:AHC-LKO:82226 Court No. - 13 Case :- APPLICATION U/S 482 No. - 11158 of 2024 Applicant :- Ravi Vishwakarma And 2 Others Opposite Party :- State Of U. P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Shubh Sri Kanha,Prince Pandey Counsel for Opposite Party :- G. A. Hon'ble Rajeev Singh,J. 1. Sri Anurag Srivastava, Advocate filed Vakalatnama on behalf of opposite party no. 2 is taken on record. 2. 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. 3. The instant application has been filed for quashing the entire proceedings of Criminal Case No. 0085 of 2023 (State Vs. Ravi Vishwakarma & others) pending in the Court of Additional Chief Judicial Magistrate- 7th, Lucknow as well as cognizance/ summoning order dated 12. 07. 2024 and impugned charge-sheet dated 7. 7. 2023 related with Case Crime No. 0085 of 2023 under Sections 498-A, 323 I. P.
C. & 3/4 of Dowry Prohibition Act, P. S. - Gudamba, District- Lucknow. 4. 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. 3 to the application. 5. 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. 6. 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. 7.
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. 8. For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case. 9. Office is directed to return the original compromise deed, if any, to the learned counsel for the applicants, after taking the photocopy of the same. Order Date :- 10. 12. 2024 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench
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