RITESH CHANDRA MISHRA ALIAS SONU MISHRA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO AND ANOTHER
A482/6695/2025 · 2025-08-18
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157923 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157923 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:48277 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6695 of 2025 Applicant :- Ritesh Chandra Mishra Alias Sonu Mishra And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko And Another Counsel for Applicant :- Himanshu Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
1. Shri Abhay Kumar Prajapati, Advocate has put in appearance by filing Vakalatnama on behalf of opposite party no.2, the same is taken on record.
2. Heard learned counsel for the applicants,
learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record. 3. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following prayer:-
"I. Pass an order or direction thereby quashing the entire Criminal Proceeding initiated on the basis of F.I.R. case crime no- 1019/19 lodge by the respondent no.2 under section 419, 420, and 409 Cr.P.C and Charge-sheet 01/2019 IN Criminal Case No. 83658/2019 "State versus Gyanendra Singh and another" pending before Chief Judicial Magistrate Lucknow."
4. 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 under some misunderstanding, the present F.I.R. has been lodged against the applicants and thereafter, the parties have amicably settled their dispute. The compromise deed has been reduced in writing on 28.05.2025, which has been annexed as annexure no. 3 to this application and he submits that the original copy of the compromise deed has already been filed before the learned trial court. He submits 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 and thus, the criminal proceedings against the applicants may be quashed. 5. On the other hand, learned counsel appearing for the opposite parties has supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably while executing a compromise deed and there is no further grievance of the opposite parties against the present applicants, therefore, the criminal proceedings instituted against the applicants may be dropped. 6. Learned A.G.A. appearing for the State has no objection to the contentions aforesaid. 7. 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. 8. 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. 9. 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. 10. For a period of three months, the proceedings initiated in pursuance of the Criminal Case No. 83658 of 2019 "State versus Gyanendra Singh and another", arising out of F.I.R./ Case Crime No. 1019 of 2019, under Sections 419, 420 and 409 I.P.C, Police Station Gomti Nagar, District Lucknow, shall remain stayed so far as applicants are concerned. 11. The trial Court is directed to examine the fact that whether all the parties against whom the chargesheet was filed, the party in the compromise and in this respect, it shall also sent a report along with the verification order.
Order Date :- 18.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench