CHITRANSH SRIVASTAVA AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. OF HOME LKO. AND ANOTHER
A482/4046/2025 · 2025-05-15
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140080 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140080 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28800 Court No. - 29 Case :- APPLICATION U/S 482 No. - 4046 of 2025 Applicant :- Chitransh Srivastava And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Of Home Lko. And Another Counsel for Applicant :- Chandra Shekhar Singh Yadav,Sandeep Kumar Yadav Counsel for Opposite Party :- G.A.,Pradeep Kumar Yadav Hon'ble Shree Prakash Singh,J. Vakalatnama filed today by Shri Pradeep Kumar Yadav, Advocate on behalf of opposite party no.2. Heard learned counsel for the applicants, Shri Pradeep Kumar Yadav, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record. The instant application under Section 482 Cr.P.C./ 528 BNSS has been filed with the following main reliefs:-
"a. Quash the charge sheet dated 16.03.2024 bearing charge sheet No. 01/2024 arising out of Case Crime No. 0016 of 2024, in Case State of U.P. Versus Usha Srivastava and Others, under section 498-A and 506 of Indian Penal Code read with 3/4 of Dowry Prohibition Act, Police Station-Gosaiganj, District- Lucknow and also quash the Summoning /Cognizance order dated 07.09.2024 passed by Learned Court of Additional Chief Judicial Magistrate 6th, Room No. 30, Lucknow in Case Crime No. 0016 of 2024, under section 498-A and 506 of Indian Penal Code read with 3/4 of Dowry Prohibition Act, Police Station-Gosaiganj, District- Lucknow pending before the Learned Court of Additional Chief Judicial Magistrate 6th, Room No. 30, Lucknow as contained in Annexure No. 1 and 2 to this petition. b. It is further prayed that this Hon'ble Court may kindly be quash the entire proceeding of Case Crime No. 0016 of 2024, in Case State of U.P. Versus Usha Srivastava and Others, under section 498-A and 506 of Indian Penal Code read with 3/4 of Dowry Prohibition Act, Police Station-Gosaiganj, District- Lucknow pending before the Learned Court of Additional Chief Judicial Magistrate 6th, Room No. 30, Lucknow in the interest of justice"
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 under some misunderstanding, the instant F.I.R. has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on
03.05.2025, 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 parties 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 A.G.A. 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 month, the proceedings initiated in pursuance of the Case Crime No. 0016 of 2024 "State of U.P. Versus Usha Srivastava and Others", under section 498-A and 506 of Indian Penal Code read with 3/4 of Dowry Prohibition Act, Police Station- Gosaiganj, District- Lucknow, shall remain stayed so far as applicants are concerned. Office is directed to return the original compromise deed to the
learned counsel for the applicants, if any, after taking the photocopy of the same.
Order Date :- 15.5.2025/Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench