SATYENDRA KUMAR RAWAT AND 7 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/5911/2025 · 2025-07-28
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152731 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152731 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:43387 Court No. - 13 Case :- APPLICATION U/S 482 No. - 5911 of 2025 Applicant :- Satyendra Kumar Rawat And 7 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anil Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Sri Brijendra Pratap Singh, Advocate, has put in appearance for the private opposite party No. 2/complainant and has filed his Vakalatnama in the Court today, which is taken on record. Heard learned counsel for the parties and perused the record. Instant application has been preferred by the applicant(s) for the following main relief(s):-
"The petitioners named above most respectfully begs to submit that for the facts, reasons and circumstances stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the chargesheet No.- 1/ 2020 dated 29/11/2020 filed in Case Crime No. 0467/2020, U/S-147, 148, 323, 504, 506, 307, 336, 427, 324, 325 IPC & 7 of The Criminal Law Amendment Act, Police Station- Gosaiganj, District-Lucknow, as contained in Annexure No.-2, Pending in the Court of Ld. A.D.J., Court No.-16, Lucknow, registered as S.T. No.1309/2022 (State Vs.
Satendra Kumar Rawat and others) and for quashing of entire proceeding of Case Crime No. 0467/2020, U/S - 147, 148, 323, 504, 506, 307, 336, 427, 324, 325 IPC & 7 of The Criminal Law Amendment Act, Police Station Gosaiganj, District Lucknow and consequential Summoning order dated 12.08.2021, in view of compromise arrived at between the parties in Case Crime No. 0467/2020, U/S-147, 148, 323, 504, 506, 307, 336, 427, 324, 325 IPC & 7 of The Criminal Law Amendment Act, Police Station- Gosaiganj, District - Lucknow as contained in as Annexure No.-3." It is stated that in the incident/altercation, which took place on 12.09.2020, persons from the both the sides sustained injuries and therefore, two FIRs i.e. FIR No. 0467/2020, basis of pending criminal proceedings, was lodged by the opposite party No. 2/Salman Husain against the applicants on 13.09.2020 at about 00.38 hours making allegations therein so as to attract the offences as indicated under Sections 147, 148, 323, 504, 506, 307, 336, 427 IPC & Section 7 of the Criminal Law Amendment Act at Police Station- Gosaiganj, District- Lucknow and another FIR i.e. FIR No. 0466/2020 was lodged by Lal Bahadur Pasi implicating the persons from the complainant's side of FIR in issue i.e. FIR No. 0467/2020, on 12.09.2020 at about 23.48 hours making making allegations therein so as to attract the offences as indicated under Sections 147, 148, 323, 504, 307, 336 IPC, 3(2)(v) of SC/ST Act and Section 7 of the Criminal Law Amendment Act at Police Station- Gosaiganj, District- Lucknow. It is further stated that a perusal of story narrated in both the aforesaid FIRs would indicate that offence under Section 307 IPC is not made out and the offence if any would ultimately made out under Sections 324 or 325 IPC. It is further stated that during pendency of the proceedings in issue, both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No. 5 to the present application. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed.
Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court as such compromise has to be duly verified in presence of the parties concerned before the Court. Considering the aforesaid, this application is disposed of finally in following terms:- (i) The parties to the proceedings in issue shall appear and file the compromise before the concerned court within four week's from today. (ii) If the parties appear before the concerned court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record. (iii) The concerned court shall conclude the process of verification of compromise within two week's from the date of production of copy of this order. (iv) The concerned court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed. (v) It shall be open to the applicant(s) to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise, if any, to the counsel for the applicant(s), after retaining its photocopy on record. It is for the purposes for its verification by the concerned court. (vii) For a period of eight weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case. Order Date :- 28.7.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench