Vinayak Pal And 4 Others v. State Of U.P. Thru. Prin. Secy. Home

Shri Awadhesh Mishra, learned counsel has put in appearance for the private opposite party no. 2 and has filed his Vakalatnama, which is taken on record.

Heard learned counsel for the applicants, learned A.G.A for the State and learned counsel for the private-opposite party.

The present application under Section 482 Cr.P.C./Section 528 Bharatiya Nagarik Suraksha Sanhita (in short "BNSS") has been preferred with the following main prayer:- " For the facts reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set aside summoning order dated 09-11- 2022 passed by the Learned C.J. J.D. F.T.C, Court No. 50, Lucknow, by which the petitioners has been summoned under sections 498A/323/504/506/406 1.P.C. and 3/4 D.P.Act, Police Station-Mahila Thana, District-Lucknow in Case No. 118975/2022, arising out of case crime no. 78/2021 (State Versus Vinayak Pal and others). It is further most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the charge sheet no. 01/2022, submitted in case crime no. 78/2021 under sections 498A/323/504/506/406 I.P.C. and 3/4 D.P.Act, Police Station-Mahila Thana, District-Lucknow filed by the investigation officer against the petitioners. "

Learned counsel for parties have jointly submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and the copy of compromise deed dated 20.03.2025, duly signed by the parties, is annexed as Annexure No. 5 to the present application.

Learned counsel for the applicants has further prayed that liberty may be given to the applicants to file the original copy of the compromise along with the application before the trial court within a period of one week for the purpose of verification of compromise deed dated 20.03.2025, entered into between the parties and the court below may be directed to verify the compromise.

As prayed, a week's time is granted to the applicants to file the original copy of the compromise before the Court below and the court below shall verify the same on 09.05.2025. On the said date, all the signatories to the compromise executed on 20.03.2025 shall appear before the court concerned.

List this case in the week commencing 19.05.2025, showing the name of Shri Awadhesh Mishra, as learned counsel for respondent no. 2.

The applicants shall file an affidavit bringing on record the certified copy of the order of verification passed by the concerned Court by the next date of listing.

Office is directed to provide original compromise deed to the counsel for the applicants, after retaining its photocopy on record.

No coercive action shall be taken against the applicants till the next date of listing. Order Date :- 29.4.2025 DiVYa