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2025 DAILYLAW 142223 (ALL)

SARJU PRASAD v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

/4728/2022 · 2025-08-04

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45407 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4728 of 2022 Applicant :- Sarju Prasad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Shyam Bahadur Counsel for Opposite Party :- G.A.,Arun Chand Pandey,Dhirendra Pratap Singh,Divya Tripathi Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant, learned counsel for opposite party no.2 , learned A.G.A. for the State and perused the record. 2. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following relief:- "THEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to Set aside/ quash impugned Charge Sheet dated- 29/03/2022 as well as Summoning Order dated- 25/05/2022 passed by Learned Additional Civil Judge- II (S.D.)/J.M. Raebareli in Criminal Case No- 568/2022 arising out of First Information Report No-317 of 2021, State versus Sarju Prasad, Under Section- 419, 420, 467, 468, 471, 504 & 506 of I.P.C, Police Station- Mohanganj, District- Amethi including the entire proceedings thereof, Contained as Annexure No-1 & 2, in the interest of Justice." 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 under 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 04.07.2025, which has been annexed with Crl.M.A. No.IA/4/2025 at Sr. No.3 to the application dated 10.07.2025. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicant is 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 applicants may be quashed. 4. 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 through a 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 court below as such compromise has to be duly verified in presence of the parties concerned before the Court. 7. 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. 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 proceedings initiated in pursuance of the chargesheet dated 29.03.2022 as well as summoning order dated 25.05.2022 passed by Learned Additional Civil Judge- II (S.D.)/J.M. Raebareli in Criminal Case No- 568 of 2022 arising out of FIR/ Case Crime No. 317 of 2021, State versus Sarju Prasad, Under Sections 419, 420, 467, 468, 471, 504 & 506 of I.P.C, Police Station Mohanganj, District Amethi, shall remain stayed so far as applicant is concerned. 10. 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. 11. 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. Order Date :- 4.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench