Vijay Kumar Maurya @ Vijay Kumar and 3 Others v. State of U.P. through Principal Secretary, Home Deptt., Lucknow and Another
A482/4055/2025 · 2025-05-15
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140151 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140151 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:28804 Court No. - 29 Case :- APPLICATION U/S 482 No. - 4055 of 2025 Applicant :- Vijay Kumar Maurya @ Vijay Kumar And 3 Others Opposite Party :- State Of U.P. Through Principal Secretary, Home Deptt., Lucknow And Another Counsel for Applicant :- Satish Kumar Misra,Akash Sharma Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Vakalatnama filed today by Shri Ashish Kumar Mishra, Advocate on behalf of opposite party no.2. Heard learned counsel for the applicants, Shri Ashish Kumar Mishra, 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:-
"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 impugned charge sheet no. 355/2020 dated 27.12.2020 submitted in Case Crime No. 338/2020, Under Sections 323/504/506/332/353 I.P.C., Police Station Dalmau, District Rae Bareli as well entire proceeding of the instant case crime, 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 06.05.2025, which has been annexed as Annexure No. 5 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 months, the proceedings initiated in pursuance of the Case No. 1945 of 2021 arising out of FIR/ Case Crime No. 338 of 2020, Under Sections 323/504/506/332/353 I.P.C., Police Station Dalmau, District Raebareli 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