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2025 DAILYLAW 157813 (ALL)

BHARAT SINGH RAWAT v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS

A482/6647/2025 · 2025-08-14

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47971 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6647 of 2025 Applicant :- Bharat Singh Rawat Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Applicant :- Lalit Mohan Joshi,Rajesh Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant(s), learned AGA for the State, as well as Sri Anuj Kumar, Advocate, who has put in appearance and filed his Vakalatnama on behalf of opposite party no. 3, and perused the record. The Vakalatnama is taken on record. 2. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet dated 13.12.2020 filed in Case Crime/FIR No.0056 of 2020, under Sections 406, 419, 420, 467, 468 and 471 IPC lodged at Police Station Gautampalli, District Lucknow on the ground that the parties have arrived at a settlement/compromise. 3. 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 25.06.2025, photocopy of which has been annexed as Annexure-8 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 applicant may be quashed. 4. On the other hand, learned counsel appearing for the opposite party no.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. 5. Learned A.G.A. appearing for the State has no objection to the contentions aforesaid. 6. Now 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 concerned before the trial Court. 7. 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. 8. The trial 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 applicant to approach this Court again for quashing of the proceedings. 9. For a period of three months, the proceedings, arising out of Crime/FIR No.0056 of 2020, under Sections 406, 419, 420, 467, 468 and 471 IPC lodged at Police Station Gautampalli, District Lucknow shall remain stayed, so far as present applicant is concerned. 10. 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. 11. The applicant is directed to place original copy of the compromise deed dated 25.06.2025 before the trial Court. [Shree Prakash Singh, J.] Order Date :- 14.8.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench