SUSHIL KUMAR YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/4952/2024 · 2025-09-18
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140691 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140691 (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. - 4952 of 2024 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Heard learned counsel for the parties and perused the record.
2. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the cognizance/summoning order dated 08.11.2017 passed by the learned Additional Chief Judicial Magistrate IIIrd, Lucknow, to quash the charge-sheet dated 19.07.2016 and to quash the entire criminal proceeding of Criminal Case No.5213/2017 (State Vs. Sushil Yadav), arising out of FIR/Case Crime No.0231/2016, under Sections 353 and 506 IPC lodged at Police Station Mohanlalganj, District Lucknow, pending in the court of learned Additional Chief Judicial Magistrate IIIrd, Lucknow on the ground that the parties have arrived at a settlement/compromise.
3. Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been implicated in the instant case. He next added that due to some misunderstanding, the instant F.I.R. has been lodged against the applicant and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 18.05.2024, a copy of which has been annexed as Annexure-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 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 Versus Counsel for Applicant(s) : Bhupendra Nath Tripathi, Mithilesh Kumar Chaudhary Counsel for Opposite Party(s) : G.A., Amit Sharma, Naved Alam Sushil Kumar Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
be quashed.
4. On the other hand, learned counsel appearing for the opposite party no. 2 has supported the version of the learned counsel for the applicant and submits that the parties have settled their dispute amicably through the 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 trial Court.
7. Accordingly, this application is disposed of with a direction to the trial 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 further proceedings, arising out of FIR/Case Crime No.0231/2016, under Sections 353 and 506 IPC lodged at Police Station Mohanlalganj, District Lucknow, pending in the court of learned Additional Chief Judicial Magistrate IIIrd, shall remain stayed.
10. The trial court is further directed for ensuring the fact that all the parties against whom the chargesheet was filed are present before the trial Court and a report with respect to this effect shall also be sent alongwith verification
order.
11. The applicant is directed to produce the original compromise deed before the learned trial Court. A482 No. 4952 of 2024 2
12. Office is directed to return the original compromise deed, if any, to the applicant within a week. September 18, 2025 MVS/- A482 No. 4952 of 2024 3 (Shree Prakash Singh,J.) Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench