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2025 DAILYLAW 147285 (ALL)

NEERAJ KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/5192/2025 · 2025-06-26

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36604 Court No. - 11 Case :- APPLICATION U/S 482 No. - 5192 of 2025 Applicant :- Neeraj Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Vivek Chandra Counsel for Opposite Party :- G.A.,Himanshu Shukla,Krishna Kumar Tiwari Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the applicants, learned A.G.A. for the State and Sri Himanshu Shukla, Advocate who has filed his vakalatnama on behalf of opposite party no. 2 which is taken on record. The instant application under Section 482 Cr.P.C. has been filed for quashing of the entire proceeding of case No. 9001/2021 arising out of Case Crime No. 0150 of 2019, Under Sections- 376,506, I.P.C., Police Station- Tambaur, District- Sitapur, Pending in the Court of learned Judicial Magistrate, First, District- Sitapur. 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 02.06.2025, which has been annexed as annexure no. 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 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 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 one month, the proceedings initiated in pursuance of the Case Crime No. 0150 of 2019, shall remain stayed so far as applicants are concerned. The trial Court is 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 along with verification order. 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 :- 26.6.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench