Neutral Citation No. - 2025:AHC-LKO:1105 Court No. - 18 Case :- APPLICATION U/S 482 No. - 5153 of 2013 Applicant :- Bachchu Lal Tiwari And Ors. Opposite Party :- The State Of U.P And Anr. Counsel for Applicant :- Rohit Tripathi,Chandra Bhushan Pandey,Sumit Kumar Pathak Counsel for Opposite Party :- Govt. Advocate,Arun Sinha,Krishna Nand Tiwari,Sumit Kumar Pathak Hon'ble Manoj Bajaj,J. Applicants-Accused are aggrieved against the order dated 08.10.2013 passed by the Revisional Court, whereby the order dated 06.07.2013 passed by Chief Judicial Magistrate, Gonda in Misc. Criminal Case No. 952 of 2009 rejecting the police report under Section 173(2) Cr.P.C. and taking cognizance under Section 190 (1)(b) Code of Criminal Procedure, arising out of Case Crime No. 775 of 2009, under Sections 193, 467, 468, 471 IPC, Police Station Kotwali Nagar, District Gonda has been upheld. Learned counsel for the applicants-accused submits that as per the opposite party no. 2- complainant, the impugned document was tendered before the civil court during the proceedings of a civil suit instituted by the applicants/plaintiffs, and since, the provisions of Section 195 Cr.P.C. have not been complied with, therefore, the impugned order taking cognizance by the trial court could not have been passed. According to him, the revisional court has also failed to correct the error of law committed by the trial court, therefore, interference is warranted by this Court on this sole ground. At this stage, learned counsel for the complainant- defendant (opposite party no. 2) has stated that the suit instituted by the plaintiffs/applicants has been decided on the basis of the settlement between the parties and the order in terms of Order XXIII Code of Civil Procedure was passed finally disposing of the suit. According to him, the complainant has no objection, if, the impugned criminal proceedings are quashed. During the course of hearing, it is not disputed by the learned counsel for the parties that neither the compromise arrived at between the parties, which is in writing has been placed on record, nor the final order passed by the civil court has been filed. Since, the dispute is amicably settled by the parties, therefore, this Court does not find it to be a fit case for adjudicating it on merits, as alternatively, the applicants-accused can avail their remedy to challenge the criminal proceedings based on the sole ground of compromise. Consequently, this Court is not inclined to exercise the inherent powers under Section 482 Cr.P.C. The application is dismissed. However, it shall be open for the applicants to avail their remedy based on the compromise, in accordance with law. Order Date :- 7.1.2025 Brijesh Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench