ANKIT MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER
A482/6730/2025 · 2025-08-19
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158059 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158059 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48406 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6730 of 2025 Applicant :- Ankit Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Sanjeev Kumar Singh,Ashwini Kumar Singh,Vishal Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Vakalatnama filed today by Sri Rajesh Kumar, Advocate on behalf of opposite party no. 2 is taken on record. Heard learned counsel for the applicant, Sri Rajesh Kumar, learned counsel appearing for opposite party no. 2 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 dated 17.08.2024 in Criminal Case No. 105364 of 2024; State Vs. Ankit Mishra, arising out of FIR No. 0001 of 2023, under Sections 406, 420, 498-A, 504, 506 IPC and Sections 3/4 of D.P. Act, Police Station Mahila Thana, District Lucknow and cognizance order dated 01.08.2025 passed by learned Civil Judge (JD)/FTC, Lucknow as well as entire proceedings in pursuance thereof.
Learned counsel for the applicant submits that the dispute is purely civil in nature, as there is a matrimonial dispute in between the husband and the wife and due to which the instant FIR has been lodged and criminal proceedings have been initiated against the applicant. He next added that later on, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 10.07.2025, which has been annexed as Annexure No. 5 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. On the other hand, learned counsel appearing for the opposite party no. 2 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 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 criminal proceedings initiated in pursuance of Criminal Case No. 105364 of 2024; State Vs. Ankit Mishra, arising out of FIR No. 0001 of 2023, under Sections 406, 420, 498-A, 504, 506 IPC and Sections 3/4 of D.P. Act, Police Station Mahila Thana, District Lucknow, shall remain stayed, so far as the 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 back the original compromise deed dated 10.07.2025 to learned counsel for the applicant within a week.
Order Date :- 19.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench