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2025 DAILYLAW 141970 (ALL)

RAJENDRA v. STATE OF U.P. THRU. CIVIL SECRTT. HOME LKO. AND ANOTHER

A482/5208/2024 · 2025-09-04

Shree Prakash Singh

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 5208 of 2024 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Supplementary affidavit alongwith original copy of compromise deed filed today by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, Shri Ramdhar Yadav, learned counsel for opposite party no. 2, 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 prayers:- "(i) Quash the charge sheet filed by Investigating Officer in Case No. 580/2009 Crime No. 0069/2004 under section under section 361, 363, I.P.C. at Police Station Kakori, District Lucknow pending in the court of ACJM -VIth, Lucknow namely State of U.P. Versus Rajendra contained as Annexure No. 4 to this petition. (ii) Quash the proceeding arising out from the Case No. 580/2009 Crime No. 0069/2004 under section under section 361, 363, I.P.C. at Police Station Kakori, District Lucknow pending in the court of ACJM-VIth, Lucknow namely State of U.P. Versus Rajendra against the petitioner." 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 06.06.2025, which has been annexed as S.A.-1 to the supplementary affidavit. He submits that now there is no grievance in between the parties and the criminal proceedings against the applicant are the futile exercise Versus Counsel for Applicant(s) : Prem Kumar Srivastava Counsel for Opposite Party(s) : G.A., Adarsh Kumar Maurya, Ramdhar Yadav Rajendra .....Applicant(s) State Of U.P. Thru. Civil Secrtt. Home Lko. And Another .....Opposite Party(s) 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 criminal proceedings initiated in pursuance of the Case No. 580 of 2009, Crime No. 0069 of 2004, under Sections 361, 363 I.P.C., Police Station Kakori, District Lucknow, shall remain stayed so far as applicant is 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 4, 2025 Mohd. Sharif A482 No. 5208 of 2024 2 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench