SANDEEP KUMAR SRIVASTAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/4544/2024 · 2025-09-12
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139078 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139078 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 4544 of 2024 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Shri Sudhir Kumar Singh, Advocate has put in appearance by filing Vakalatnama on behalf of opposite party no.2, the same is taken on record. 2. Heard learned counsel for the applicant, learned counsel for opposite party no. 2/ informant, learned A.G.A. for the State and perused the record. 3. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following relief:-
"Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Charge Sheet No. 01 dated 17.07.2019 and consequential Cognizance Order dated 25.02.2020 passed by Learned Special Chief Judicial Magistrate (Custom), Lucknow in Case No. 13404 of 2020, State Versus Sandeep Kumar Srivastava arising out of Crime No. 1164 of 2018, under Section 406, 420 I.P.C., P.S. Gazipur, District - Lucknow and the consequential proceeding of the case may kindly be quashed. It is further prayed that the Hon'ble Court may kindly be pleased to stay the further proceedings in Case No. 13404 of 2020, State Versus Sandeep Kumar Srivastava arising out of Crime No. 1164 of 2018, under Section 406, 420 I.P.C., P.S. Gazipur, District Lucknow, during pendency of the instant petition." Versus Counsel for Applicant(s) : Abhay Prakash Shukla, Anurag Srivastava, Ashutosh Tiwari, Jitendra Pratap Singh Counsel for Opposite Party(s) : G.A. Sandeep Kumar Srivastav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
4. Learned counsel appearing for the applicant submits that the applicant is innocent and have falsely been implicated in the instant case. He next added that under some misunderstanding, the present 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 13.10.2023, which has been annexed as annexure no. 4 to this application. He submits that now there is no grievance in between the parties and the criminal proceedings against the applicant are 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. 5.
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 while executing a compromise deed and there is no further grievance of the opposite parties against the present applicant, therefore, the criminal proceedings instituted against the applicant may be dropped. 6. Learned A.G.A. appearing for the State has no objection to the
contentions aforesaid.
7. 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.
8. 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.
9. 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.
10. For a period of three months, the proceedings initiated in pursuance of the Criminal Case No. 13404 of 2020 "State Versus Sandeep Kumar A482 No. 4544 of 2024 2
Srivastava", arising out of Crime No. 1164 of 2018, under Section 406, 420 I.P.C., P.S. Gazipur, District Lucknow, shall remain stayed so far as applicant are concerned.
11. 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.
12. 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 12, 2025 Mohd. Sharif A482 No. 4544 of 2024 3 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench