PREM SHANKAR AND 15 OTHERS v. STATE OF U.P. THRU. STATION HOUSE OFFICER LKO. AND ANOTHER
A482/7093/2024 · 2025-08-12
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143049 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143049 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:47209 Court No. - 14 Case :- APPLICATION U/S 482 No. - 7093 of 2024 Applicant :- Prem Shankar And 15 Others Opposite Party :- State Of U.P. Thru. Station House Officer Lko. And Another Counsel for Applicant :- Indra Mani Pandey Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. As per office report dated 20.08.2024, the notice has been served personally upon opposite party no. 2 but none is present on behalf of opposite party no. 2. Heard learned counsel for the applicants, learned AGA for the State and perused the record. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the proceedings of Criminal Misc. Case No. 4301617/2011 arising out of Case Crime No. 163 of 2011, under Sections 147, 148, 323, 504,506, 427 IPC, Police Station Banthra, District Lucknow as well as summoning order dated 19.12.2011 passed by learned Special Chief Judicial Magistrate (Custom), Lucknow.
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 due to some misunderstanding, the instant FIR has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 31.08.2024, which has been annexed as Annexure No. 1-A alongwith the affidavit dated 11.09.2024. 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. Learned AGA 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 Criminal Misc. Case No. 4301617/2011 arising out of Case Crime No. 163 of 2011, under Sections 147, 148, 323, 504,506, 427 IPC, Police Station Banthra, District Lucknow, shall remain stayed, so far as present applicants are concerned. 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.
Order Date :- 12.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench