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2025 DAILYLAW 153477 (ALL)

MANISH GAUR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/6173/2025 · 2025-07-29

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43890 Court No. - 29 Case :- APPLICATION U/S 482 No. - 6173 of 2025 Applicant :- Manish Gaur And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Umesh Kumar Shukla,Ankit Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Shri Aaradhya Narayan Shukla, advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2 and the same is taken on record. 2. Heard learned counsel for the applicants, Shri Aaradhya Narayan Shukla, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the record. 3. The instant application under Section 482 Cr.P.C./ 528 BNSS has been filed with the following main reliefs:- "A. Quash the charge sheet bearing no. 41/13 dated 30.03.2013 submitted by the Investigating Officer in Case Crime No.56/2013 under Section 323, 506 and 393 IPC PS: Kaiserbagh, District Lucknow. Copy whereof is annexed herewith as arinexure-1 B. Quash the proceedings of the criminal case no. 228/2013 pending before the Court of Additional Chief Judicial Magistrate, Court No. 1, Lucknow arising out of Case Crime No.56/2013 under Section 323, 506 and 393 IPC PS: Kaiserbagh, District Lucknow." 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 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 25.03.2025 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. 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 through a compromise deed and there is no further grievance of the opposite parties against the present applicants and the criminal proceedings 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 Criminal Case no.228/2013 and the charge sheet bearing no. 41/13 dated 30.03.2013, arising out of Case Crime No.56/2013 under Sections 323, 506 and 393 IPC, P.S. Kaiserbagh, District Lucknow 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. Order Date :- 29.7.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench