SANJAI BHARTI @ SANJU AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME ( CIVIL) AND ANOTHER
/6242/2025 · 2025-08-04
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154761 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154761 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45075
Court No. - 14 Case :- APPLICATION U/S 482 No. - 6242 of 2025 Applicant :- Sanjai Bharti @ Sanju And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home ( Civil) And Another Counsel for Applicant :- Qazi Sabihur Rahman Counsel for Opposite Party :- G.A.,Razaur Rahman Hon'ble Shree Prakash Singh,J. Heard Sri Ishant Baghel, learned counsel for the applicants, Sri Razaur Rahman, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the record. The instant application under Section 482 Cr.P.C./528 of the B.N.S.S., has been filed with the prayer to quash the proceedings initiated by the chargesheet No. 01 of 2019, dated 07-08-2019, filed by the Investigating Officer in Case Crime No. 152 of 2019, dated 07-05-2019, under sections 323,504,506,336,308 of the I.P.C., Police Station- Chowk, District-Lucknow.
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 19-07-2025, 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 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 party no. 2 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. It is pointed out by learned counsel for the State that two injured persons namely, Vibhor Bajpai and Guddu, have not signed the compromise deed,whereas the learned counsel appearing for the applicants submits that though they have not signed the compromise deed, but, they are also agreed to be the part of the compromise deed and therefore, the liberty may be granted to the injured persons so that they may appear before the learned trial court and verify the compromise deed dated 19-07-2025. It is directed the learned Magistrate concerned that while verifying the comprise deed, he shall record the statements of the injured, Vibhor Bajpai and Guddu. 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 three months, the proceedings initiated in pursuance of the chargesheet No. 01 of
2019, dated 07-08-2019, filed by the Investigating Officer in Case Crime No. 152 of 2019, dated 07- 05-2019, under sections 323,504,506,336,308 of the I.P.C., Police Station-Chowk, District-Lucknow, 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 Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench