SHYAM PRAKASH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 2 OTHERS
/6349/2025 · 2025-08-05
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DailyLaw.ai
[ 2025 DAILYLAW 155580 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155580 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45771 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6349 of 2025 Applicant :- Shyam Prakash And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 2 Others Counsel for Applicant :- Iqbal Ali Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Short counter affidavit alongwith Vakalatnama has been filed by Sri Abhinav Singh, Advocate on behalf of opposite parties nos. 2 and 3, which is taken on record. Heard learned counsel for the applicants, Sri Abhinav Singh, learned counsel appearing for opposite parties nos. 2 and 3 and learned AGA for the State as well as perused the record. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the chargesheet No. 91 of 2002, dated 28.07.2002 filed in Criminal Case No. 6183 of 2002; State Vs. Ram Prakash and another (now Crl. Case No. 7400 of 2009), arising out of Case Crime No. 121 of 2002, under Sections 363, 366 IPC, Police Station Palia, District Kheri and cognizance order dated 27.08.2002 passed by learned CJM, Kheri as well as entire proceedings in pursuance thereof.
Learned counsel appearing for the applicants submits that applicant no. 1 and opposite party no. 3/victim are major and they have performed the marriage in the year, 2002 and there are two children aged about 17 years and 20 years from wedlock. He further submits that both the parties are living peacefully and enjoying their marital life. He next added that due to some misunderstanding, the instant FIR has been lodged and criminal proceedings have been initiated against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 21.07.2025, which has been annexed as Annexure No. 8 to the instant application. He next added that now there is no grievance in between the parties 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, thus, the criminal proceedings against the applicants may be quashed. On the other hand, learned counsel appearing for opposite parties nos. 2 and 3 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 AGA 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 three months, the proceedings initiated in pursuance of Criminal Case No. 6183 of 2002; State Vs. Ram Prakash and another (now Crl. Case No. 7400 of 2009), arising out of Case Crime No. 121 of 2002, under Sections 363, 366 IPC, Police Station Palia, District Kheri, 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 back the original compromise deed dated 21.07.2025 to learned counsel for the applicants within a week.
Order Date :- 5.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench