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2025 DAILYLAW 154001 (ALL)

MANVENDRA PRATAP SINGH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

/6243/2025 · 2025-08-04

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45090 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6243 of 2025 Applicant :- Manvendra Pratap Singh And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Vijay Pathak,Rakesh Pathak Counsel for Opposite Party :- G.A.,Vanshraj Dubey Hon'ble Shree Prakash Singh,J. Sri Vanshraj Dubey,Advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite parties no. 2 to 4 and the same is taken on record. Heard learned counsel for the applicants, Sri Vanshraj Dubey, learned counsel for opposite parties no. 2 to 4, 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 summoning order dated 11-01-2019 passed by the Additional Chief Judicial Magistrate, Ayodhya as well as the chargesheet and entire proceedings of Sessions Trial No. 192 of 2022, arising out of Criminal Case No. 877 of 2019, Crime/F.I.R. No. 378 of 2018, under sections 307,323,504,506 of the I.P.C., Police Station-Raunahi, District-Ayodhya. 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 due to 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 15-07-2025, which has been annexed as annexure no. 6 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. On the other hand, learned counsel appearing for the opposite parties no. 2 to 4 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. Learned A.G.A. appearing for the State has no objection to the contentions aforesaid. It is apparent from the record that section 307 of the I.P.C. is also charged and the chargesheet has been filed, but, the injuries are not on vital part of the injured and those are not serious in nature and as such, prima-facie, this case is covered under the proviso 15.4 of the ratio of the Judgment of Hon'ble Apex Court in the Case of State of Madhya Pradesh Versus Laxmi Narayan and Others, reported in (2019) 5 Supreme Court Cases, 688. 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 summoning order dated 11-01-2019 passed by the Additional Chief Judicial Magistrate, Ayodhya as well as the chargesheet and entire proceedings of Sessions Trial No. 192 of 2022, arising out of Criminal Case No. 877 of 2019, Crime/F.I.R. No. 378 of 2018, under sections 307,323,504,506 of the I.P.C., Police Station- Raunahi, District-Ayodhya, shall remain stayed so far as present applicants are 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 applicants within a week. Order Date :- 4.8.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench