GANGADEEN AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/5891/2025 · 2025-08-07
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149721 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149721 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46225 Court No. - 14 Case :- APPLICATION U/S 482 No. - 5891 of 2025 Applicant :- Gangadeen And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Neeraj Kumar Rastogi Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
1. Shri Muzammil Asad, Advocate has put in appearance by filing Vakalatnama on behalf of opposite party no.2, the same is taken on record. 2. Heard learned counsel for the applicants, 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 prayer:-
"क. ममुकदममा अपरमाध ससंख्यमा 27 सन 2019 असं० धमारमा 452, 325, 506 आईपपीसपी थमानमा ईसमानगर जजिलमा खपीरपी जिजो वररममान मम एसपीजिजेएम कजोरर नसं0 2 लखपीमपमुर खपीरपी मम रमाज्य बनमाम गसंगमादपीन आदद शपीररक सजे लसंदबर हहै कजे प्रश्नगर आरजोप पत्र और प्रससंजमान आदजेश कजो समुलहनमाममा ददनमादकर 02.08.2021 कजे दृदष्टिगर खसंदडिर करनजे और आपरमाजधक प्रकरण सममाप करनजे ककी कक पमा ककी जिमावजे।"
4. 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 present F.I.R. has been lodged against the applicants and thereafter, the parties have amicably settled their dispute. The compromise deed has been reduced in writing on 02.08.2021, which has been annexed as annexure no. 4 to this application. He submits that now there is no grievance in between the parties 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. 5. On the other hand, learned counsel appearing for the opposite
parties has supported the version of the learned counsel for the applicants 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 applicants, therefore, the criminal proceedings instituted against the applicants 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 applicants to approach this Court again for quashing of the proceedings. 10. For a period of three months, the proceedings initiated in pursuance of the Case Crime No. 27 of 2019, under Section 452, 325, 506 IPC, Police Station Isa Nagar, District Kheri, shall remain stayed so far as applicants are 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 applicants, if any, after taking the photocopy of the same. Order Date :- 7.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench