Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 127648 (ALL)

AVANEESH KUMAR TIWARI AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/2221/2025 · 2025-03-10

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:14348 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2221 of 2025 Applicant :- Avaneesh Kumar Tiwari And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Anoop Vajpayee,Atul Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Shri Pankaj Kumar Singh, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2, 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 No.2 and gone through the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief:- "For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings of the Criminal Case No.99913 of 2021 "State Versus Avaneesh Kumar Tiwari and others" arising out of Case Crime No.110 of 2021 Under Sections 406/420/409 I.P.C. Police Station-Hazratganj, District-Lucknow pending in the Court of Chief Judicial Magistrate, Lucknow as well as impugned chargesheet dated 1-5-2022 as well as cognizance order dated 9.2.2023 bearing on the aforesaid charge sheet, contained in Annexure No.1 to the accompanying affidavit, in the interest of justice." It is submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No.3 to the present application. 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. Criminal Case No.99913 of 2021 "State Versus Avaneesh Kumar Tiwari and others" arising out of Case Crime No.110 of 2021 Under Sections 406/420/409 I.P.C. Police Station-Hazratganj, 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 :- 10.3.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench