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2025 DAILYLAW 132234 (ALL)

SEEMA RASTOGI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/3079/2025 · 2025-09-24

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 3079 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicant, Sri Desh Deepak Singh and Mohd. Amir Sayeed, learned counsels for opposite party no. 2, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed for quashing of the charge sheet dated 29.01.2025; summoning order dated issued by Judicial Magistrate- I, Lucknow and other subsequent orders as well as the entire criminal proceedings in Criminal Case no. 10550/2025, "State vs Seema Rastogi" which is pending in the court of Judicial Magistrate- I, Lucknow, in connection with Case Crime No. 0061 of 2024 dated 18.05.2024 in Police Station- Hasaganj, District-Lucknow, against the applicant under section 279,337,427 of the Indian Penal Code, 1860 pending before the Hon'ble court. 3. Learned counsel appearing for the applicant submits that the applicantis innocent and has falsely been implicated in the instant case. He next added that under some misunderstanding, the instant F.I.R. has been lodged against the applicant and thereafter, the parties have amicably settled their dispute. The compromise deed has been reduced in writing on 24.02.2025, which has been annexed as annexure no. 5 to the affidavit filed in support of the application. He next added that now there is no grievance in between the parties with each other and the criminal Versus Counsel for Applicant(s) : Achita Tripathi, Anilesh Tewari Counsel for Opposite Party(s) : G.A., Desh Deepak Singh, Mohd Amir Sayeed Seema Rastogi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) proceedings against the applicant is the futile exercise as there is no fate of trial and that is amount to harassment of the applicant and thus, the criminal proceedings against the applicant may be quashed. 4. On the other hand, learned counsel appearing for the opposite parties has supported the version of the learned counsel for the applicant 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 applicant and the criminal proceedings against the applicant may be dropped. 5. Learned A.G.A. appearing for the State has no objection to the contentions aforesaid. 6. Now 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. 7. 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. 8. 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. 9. For a period of three months, the proceedings initiated in pursuance of the charge sheet dated 29.01.2025; summoning order dated issued by Judicial Magistrate- I, Lucknow and other subsequent orders as well as the entire criminal proceedings in Criminal Case no. 10550/2025, "State vs Seema Rastogi" which is pending in the court of Judicial Magistrate- I, Lucknow, in connection with Case Crime No. 0061 of 2024 dated 18.05.2024 in Police Station- Hasaganj, District-Lucknow, against the applicant under section 279,337,427 of the Indian Penal Code, 1860 pending before the Court, shall remain stayed so far as applicant is A482 No. 3079 of 2025 2 concerned. 10. The trial Court is directed to examine the fact that whether all the parties against whom the chargesheet was filed, the party in the compromise and in this respect, it shall also sent a report along with the verification order. 11. Office is directed to return the original compromise deed to the learned counsel for the applicant, if any, after taking the photocopy of the same. September 24, 2025 A.Nigam A482 No. 3079 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench