PUSHKAR TIWARI v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS
/92/2025 · 2025-01-08
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 114525 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 114525 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:1232 Court No. - 12 Case :- APPLICATION U/S 482 No. - 92 of 2025 Applicant :- Pushkar Tiwari Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Applicant :- Anil Kumar Gupta,Smt. Ruchi Gupta Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Avanish Kumar Yadav, learned Advocate has filed his Vakalatnama on behalf of opposite party nos.2 and 3, which is taken on record. Heard learned counsel for the applicant, learned Counsel for the opposite party nos.2 and 3, learned AGA for the State and perused the record. The instant application has been filed for the following main relief:-
"Wherefore it is most respectfully prayed that this Hon'ble court may graciously be pleased to quashed the entire criminal proceedings of criminal case number 110001/2024, State versus Pushkar Tiwari under section-323 of I.P.C. arising out of First information report number 0129 of 2024 under section 392 of I.P.C. relating to Police station- Vibhuti Khand, Lucknow now pending in the court of additional chief judicial Magistrate second/court number-26, Lucknow as well as impugned charge sheet dated 06.06.2024 submitted by the investigation officer against the petitioner in aforesaid first information report as contained in annexure number -3 to this petition in the interest and ends of justice."
Learned counsel for the applicant submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Trial Court as such compromise has to be duly verified in presence of the parties concerned before the Court. Considering the aforesaid, the instant application is disposed of finally in following terms:- (i) The parties to the proceedings i.e. Criminal Case No. 110001/2024 (supra), shall appear before the concerned Court within six weeks from today and file the compromise. (ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record.
(iii) The concerned Court shall conclude the process of verification of compromise within two weeks' from the date of production of copy of this order. (iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed. (v) It shall be open to the applicant to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise, if any, to the Counsel for the applicant, after retaining its photocopy on record. It is for the purposes for its verification by the concerned court. (vii) For a period of eight weeks, no coercive action shall be taken against the applicant in the aforesaid case.
Order Date :- 8.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench