AMBIKA SINGH @ DABBU @ KUNWAR AMBIKA SINGH AND 6 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS
A482/2265/2025 · 2025-03-11
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127510 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127510 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:14924 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2265 of 2025 Applicant :- Ambika Singh @ Dabbu @ Kunwar Ambika Singh And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- Sudhir Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Rajesh Kumar, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party nos. 2 to 4, which is taken on record. Heard learned counsel for the applicants, learned AGA for the State as well as learned counsel for the opposite party Nos.2 to 4 and gone through the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief:-
"Wherefore, it is most respectfully prayed that this hon'ble court may kindly be pleased to quash the entire proceedings of Case Crime No.: 793 of 2010, State V/s Kunwar Amika Singh and Others, Under-Section : 147,148,149,307,504 and 506 Indian. Penal. Code., Police Station: Madiaon, District: Lucknow., Pending in the court of Special Judge, P.C- 8, District: Lucknow. and also Chargesheets dated. 20.12.2010 and 22.11.2011", impugned Cognizance order and Summoning Order issued dated 24.02.2011 and 23.12.2011 passed against the petitioners, by the Learned Magistrate -II-nd as well as ACJM-V-th, District- Lucknow as Contained in Annexure No. 1 to this Petition, during the pendency of the petition, in the interest of Law and Justice." It is stated that Session Trial No.705 of 2012 (State Vs. Ambika Singh and others), relates to the F.I.R. lodged by opposite party No.2, Apoorva Kumar Mishr @ Apoorva Mishra on 12.11.2010, at Police Station Madiaon, District Lucknow, according to which an altercation took place between the parties and in the same the opposite party No.2-Apoorva Kumar Mishra, opposite party No.3-Sarvesh Nigam and opposite party No.4 - Shyam Kishore Tripathi sustained injuries. The F.I.R. also indicates that opposite party No.2 and opposite party No.4 sustained injuries on account of hand grenade thrown by the named accused and co-accused Dilip caused injury to opposite
party No.3 Sarvesh Nigam with iron rod. A perusal of the injury report of opposite party No.2, on record, would show that he sustained simple injuries which can be caused by hard and blunt object.
The injury report of injured Shyam Kishore Tripathi is on record, which also indicates that the injuries sustained by injured Shyam Kishore Tripathi are simple in nature and could be caused by hard and blunt object. Injuries sustained by opposite party No.3- Sarvesh Nigam are also not fatal to life. It is further stated that before the trial court the injured Apoorva Kumar Mishra/opposite party No.2 has also been examined as PW 1 and he has not supported the prosecution version as would appear from the copy of the statement of Apoorva Kumar Mishra/opposite party No.2 dated 26.11.2015, which is on record as Annexure No.5 to the present application. Further submission is that injured Sarvesh Nigam/opposite party No.3 has also not supported the story of the prosecution as would appear from the copy of the statement of the injured witness Sarvesh Nigam/opposite party No.3 dated 31.10.2019, annexed as Annexure No.5. It is further stated that during the pendency of the case, the parties have settled the dispute and entered into a compromise as would appear from the deed of compromise, annexed as Annexure No.3, duly signed by the applicants and the opposite parties including the injured Shyam Kishore Tripathi, whose statement has yet not been recorded before the trial court. 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, this application is disposed of finally in following terms:- (i) The parties to the proceedings, i.e. S.T. No.705 of 2012, arising out of Case Crime No.793 of 2010, State V/s Kunwar Amika Singh and Others, Under Sections 147,148,149,307,504 and 506 I.P.C., Police Station Madiaon, District Lucknow, shall appear and file the compromise before the concerned Court within four weeks from today. (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 four week's 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 applicants to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise to the Counsel for the applicants, 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 applicants in the aforesaid case. Order Date :- 11.3.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench