ANKIT MISHRA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/2108/2025 · 2025-08-13
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127209 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127209 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:47518 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2108 of 2025 Applicant :- Ankit Mishra And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Suraj Singh Visen Counsel for Opposite Party :- G.A.,Aditya Shukla,Priyanka Shahi Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, Ms. Priyanka Shahi, learned counsel for opposite party no. 2 and
learned Counsel 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 chargesheet No. 01 of 2023, dated 16.07.2023 in Criminal Case No. 20873 of 2024; State Vs. Ankit Mishra and others, arising out of Case Crime No. 75 of 2023, under Sections 379, 323, 506, 427, 384 IPC and Sections 23/25/25(A) of Indian Telegraph Act, 1985, Police Station Chhapia, District Gonda and summoning order dated 01.01.2024 passed by Civil Judge (JD)FTC New, Gonda.
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 compromise deed has been reduced in writing on 03.03.2025, which has been annexed as Annexure No. 4 to the instant application. 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 parties 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 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 applicants 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. 20873 of 2024; State Vs. Ankit Mishra and others, arising out of Case Crime No. 75 of 2023, under Sections 379, 323, 506, 427, 384 IPC and Sections 23/25/25(A) of Indian Telegraph Act, 1985, Police Station Chhapia, District Gonda, 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 03.03.2025 to learned counsel for the applicants within a week.
Order Date :- 13.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench