Allahabad High Court

CIVIL APPEAL 781 of 2009 on 18 September 2009

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 8361 of 2025

Shashi Kant @ Shashi Kant Shukla

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Another Court No. - 14

HON'BLE RAJEEV SINGH, J.

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1. Vakalatnama filed by Ms. Divyani Mishra and Deepali Prajapati, Advocates on behalf of opposite party no.2 is taken on record.

2. Heard learned counsel for the applicant, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record.

3. The instant application has been filed for quashing the charge-sheet dated 18.9.2009 filed in Case Crime No.781/2009, under Sections 279, 304 A I.P.C., Police Station Atrauli, District Hardoi.

4. Learned counsel for the applicant 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.8 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 ofwith 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 applicant 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 applicant in the aforesaid case.

9. Office is directed to return the original compromise deed to the learned counsel for the applicant, after taking the photocopy of the same.

October 7, 2025

mks

(Rajeev Singh,J.)

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