Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 152879 (ALL)

DR. MOHAMMAD KAMIL @ MANOJ KRISHNA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/5938/2025 · 2025-07-24

Shree Prakash Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:42815 Court No. - 29 Case :- APPLICATION U/S 482 No. - 5938 of 2025 Applicant :- Dr. Mohammad Kamil @ Manoj Krishna Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Adarsh Srivastava,Uma Shanker Srivastava Counsel for Opposite Party :- G.A.,Shashank Shekhar Shukla Hon'ble Shree Prakash Singh,J. Sri Shashank Shekhar Shukla, Advocate, have put in appearance on behalf of opposite party no. 2 and filed the Vakalatnama alongwith short counter affidavit, which is taken on record. Heard learned counsel for the applicant, learned counsels appearing for the opposite party No. 2 and learned A.G.A. 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 entire criminal proceedings in Case No. 3657 of 2011, arising out of Case Crime No. 242 of 2011 under Sections 406, 420, 504, 506, 507 IPC P.S.-Thakurganj, District-Lucknow and charge sheet No. 265 of 2011 dated 25.09.2011 including summoning order dated 01.10.2011. 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 due to 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 15.07.2025, 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 applicant are the 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 applicant may be quashed. On the other hand, learned counsel appearing for the opposite party No. 2 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. 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 two months, the proceedings initiated in pursuance of Case No. 3657 of 2011, arising out of Case Crime No. 242 of 2011 under Sections 406, 420, 504, 506, 507 IPC P.S.-Thakurganj, District-Lucknow and charge sheet No. 265 of 2011 dated 25.09.2011 including summoning order dated 01.10.2011, shall remain stayed so far as present applicant is 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. Office is directed to return the copy of original compromise deed to learned counsel for the applicant within a week. Order Date :- 24.7.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench