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2025 DAILYLAW 157798 (ALL)

MAHENDRA PRASAD MISHRA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/6622/2025 · 2025-08-13

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47415 Court No. - 27 Case :- APPLICATION U/S 482 No. - 6622 of 2025 Applicant :- Mahendra Prasad Mishra And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rajesh Kumar,Sanat Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Sri Sudhir Kumar, Advocate filed Vakalatnama on behalf of opposite party no.2 which is taken on record. 2. Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record. 3. The instant application has been filed for quashing the charge-sheet dated 08.01.2023 filed in Case No.85460 of 2023 "State of U.P. Vs. Mahendra Prasad Mishra and Another" arising out of Case Crime No.298 of 2022, under Sections 406 and 420 I.P.C., Police Station PGI, District Lucknow, pending in the court of Chief Judicial Magistrate, Lucknow. 4. Learned counsel for the applicants submits that both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.3 to the application. 5. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned as such compromise has to be duly verified in presence of the parties concerned before the Court. 6. Accordingly, this application is disposed of with a direction to the trial 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. 7. The court concerned 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. 8. For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case. 9. Office is directed to return the original compromise deed to the learned counsel for the applicants, after taking the photocopy of the same. Order Date :- 13.8.2025. Rks. Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench