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2025 DAILYLAW 126515 (ALL)

RAKESH RANA AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/2212/2023 · 2025-08-28

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 2212 of 2023 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the chargesheet in Criminal Case No. 13595 of 2020, arising out of Case Crime No. 917 of 2017, under Sections 420, 506, 406 IPC, Police Station Kotwali, District Barabanki and NBW issued on 03.01.2023 by learned CJM, 18th Barabanki. 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 and criminal proceedings have been initiated against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 20.12.2023, which has been annexed as Annexure No. 1 to the application for interim relief dated 04.06.2025. 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. Versus Counsel for Applicant(s) : Kaviya Singh, Harsh Vardhan Singh, Lakshmi Kant Tripathi, Shailender Singh Counsel for Opposite Party(s): G.A. Rakesh Rana And Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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 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. 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 applicant to approach this Court again for quashing of the proceedings. For a period of three months, the proceedings initiated in pursuance of Criminal Case No. 13595 of 2020, arising out of Case Crime No. 917 of 2017, under Sections 420, 506, 406 IPC, Police Station Kotwali, District Barabanki and NBW issued on 03.01.2023 by learned CJM, 18th Barabanki, shall remain stayed, so far as the 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 20.12.2023 to learned counsel for the applicants within a week. August 28, 2025 kkv/ A482 No. 2212 of 2023 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench