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2025 DAILYLAW 156905 (ALL)

PAVAN KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

A482/6473/2025 · 2025-08-08

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46522 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6473 of 2025 Applicant :- Pavan Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Prince Singh,Dinesh Chandra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Sri Prashant Kumar,Advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite parties no. 2 & 3 and the same is taken on record. Heard learned counsel for the applicant, Sri Prashant Kumar, learned counsel for opposite parties no. 2 & 3, learned A.G.A. for the State and perused the record. The instant application under Section 482 Cr.P.C., now section 528 of the B.N.S.S.,2023 has been filed with the prayer to quash the chargesheet No. 01 of 2021, dated 26-09-2021, as well as cognizance dated 09-11-2021 passed by the learned A.C.J.M./P.C. Act-II, Lucknow under sections 363,366 of the I.P.C., Police Station-Para, District- Lucknow'State Vs Pavan Kumar' pending before the learned A.C.J.M./P.C. Act-II, Lucknow,arising out of Case Crime No. 402 of 2021, under sections 363,366 of I.P.C., Police Station-Para, District- Lucknow. Learned counsel appearing for the applicant submits that the applicant is innocent and has 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 applicant and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 28-07-2025, 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 applicant are the futile exercise as there is no fate of trial and that is amount to harassment of the applicant and thus, the criminal proceedings against the applicants may be quashed. On the other hand, learned counsel appearing for the opposite parties no. 2 & 3 has supported the version of the learned counsel for the applicant 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 applicant and the criminal proceedings against the applicant may be dropped. Learned A.G.A. 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 arising out of Case Crime No. 402 of 2021, under sections 363,366 of I.P.C., Police Station-Para, District-Lucknow, shall remain stayed so far as present applicant is 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 :- 8.8.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench