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2025 DAILYLAW 116549 (ALL)

DR. MAHESWARA NAND MISHRA and ORS. v. THE STATE OF U.P. and ANR.

A482/302/2017 · 2025-09-17

Shree Prakash Singh

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 302 of 2017 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Supplementary affidavit filed today by learned counsel for opposite party no. 2/complainant is taken on record. Heard learned counsel for the applicants, Sri Sudesh Kumar Tiwari, learned counsel for opposite party no. 2, learned AGA for the State as well as perused the record. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned order dated 14.12.2016 in Criminal Revision No. 407 of 2013; Dr. Maheswara Nand Mishra and others Vs. State of U.P. and others passed by Additional Sessions Judge, court no. 4, Lucknow and impugned summoning order dated 06.06.2016 passed in Complaint Case No. 65 of 2016, under Sections 323, 452, 504, 506 IPC; Bali Kumar Tiwari Vs. Dr. Maheswara Nand Mishra and others, passed by ACJM-IV, Lucknow, as well as entire proceedings in pursuance thereof. Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the instant case. He next added that due to some misunderstanding, the instant FIR has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The Versus Counsel for Applicant(s) : Mewa Ram Satyarihi, Arvind Kumar Bhandari, Girijesh Kumar Chauhan, Mohammad Aslam Beg Counsel for Opposite Party(s): Govt. Advocate, Alok Kumar Srivastava, Jai Prakash Mishra, Sudesh Kumar Tiwari Dr. Maheswara Nand Mishra And Ors. .....Applicant(s) The State Of U.P. And Anr. .....Opposite Party(s) compromise deed has been reduced in writing on 04.09.2025, which has been annexed as Annexure No. SA-1 to the supplementary affidavit dated 15.09.2025 filed today. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicants are the futile exercise as there is no fate of trial and that is amount to harassment of the applicants and thus, the criminal proceedings against the applicants may be quashed. On the other hand, learned counsel appearing for the opposite party no. 2 has supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably through a compromise deed and there is no further grievance of the opposite party no. 2 against the present applicants and the criminal proceedings against the applicants may be dropped. Learned AGA appearing for the State has no objection to the contentions aforesaid. Now whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below as such compromise has to be duly verified in presence of the parties concerned before the Court. Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise deed, requiring their personal presence and, thereafter, proceed to verify the same. 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. The court 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. For a period of three months, the proceedings initiated in pursuance of Complaint Case No. 65 of 2016, under Sections 323, 452, 504, 506 IPC; Bali Kumar Tiwari Vs. Dr. Maheswara Nand Mishra and A482 No. 302 of 2017 2 others, passed by ACJM-IV, Lucknow, shall remain stayed, so far as present applicants are concerned. The trial court is further directed for ensuring the fact that all the parties against whom the chargesheet was filed are present before the trial court and a report with respect to this effect shall also be sent alongwith verification order. Office is directed to return back the original compromise deed dated 15.09.2025 to learned counsel for the applicants within a week. September 17, 2025 kkv/ A482 No. 302 of 2017 3 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench