AKHILESH KUMAR TIWARI AND 7 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND ANOTHER
A482/6489/2025 · 2025-08-08
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154186 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154186 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46558 Court No. - 28 Case :- APPLICATION U/S 482 No. - 6489 of 2025 Applicant :- Akhilesh Kumar Tiwari And 7 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Hemant Tripathi Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for applicants, learned A.G.A. for the State and Sri Avneesh Singh, Advocate, who has filed his Power today on behalf of opposite party no.2, which is taken on record.
2. This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Charge sheet no.01/2022 dated 12.02.2023 filed in F.I.R. No.0135 of 2022, under Sections 147, 323, 504, 506, 452, 354 I.P.C. and summoning order dated 29.09.2023 passed in Criminal Case No.135 of 2022, under Sections 147, 323, 504, 506, 452, 354 I.P.C. which is pending in the Court of Civil Judge (Junior Division), Room No.23, Pratapgarh, U.P. as well as criminal proceedings of Case Crime No.135 of 2022 "State vs. Akhilesh Tiwar.
3.
Learned counsel for the applicants has submitted that in this case, parties have compromised the matter outside the Court and the original compromise deed has been filed as Annexure-4 to this application. He submits that the aforesaid case may be decided in terms of the compromise arrived at between the parties.
4. Sri Avneesh Singh, learned counsel appearing for opposite party no.2, also states that he has no objection in case compromise takes place between the parties.
5. 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 before the court
concerned.
6. In view of the aforesaid facts, the parties are
directed to appear before the court concerned on 14.08.2025 along with an application annexing therewith the original compromise deed. If such compromise application is filed, the court concerned shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise within three weeks thereafter. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court making compromise to be part of the record. The court concerned will allow the parties to obtain certified copy of the report as well as compromise.
7. Till the compromise is verified by the court concerned, all proceedings of Criminal Case No.135 of 2022, under Sections 147, 323, 504, 506, 452, 354 I.P.C., pending in the Court of Civil Judge (Junior Division), Room No.23, Pratapgarh, shall remain stayed.
8. After verification of compromise, it will be open for the applicants to approach this Court again by filing a fresh petition for quashing of the entire proceedings on the basis of compromise.
9. Office is directed to return the original compromise deed filed along with this application to learned counsel for the applicants after retaining a photocopy of the same on record.
10. The instant application stands disposed of.
Order Date :- 8.8.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench