ASHISH TRIPATHI ALIAS ASHISH TIWARI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NA528/999/2025 · 2025-08-21
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158659 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158659 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:49239 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 999 of 2025 Applicant :- Ashish Tripathi Alias Ashish Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rajeev Kumar Mishra Rudra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
1. Shri Rajendra Prasad Lodhi, 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 applicant, 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:-
"to quash the entire proceeding of Criminal Case No.52/2025 (State Vs Ashish Tiwari )arising out FIR/ Case Crime, No 201/2024 Under Section-75,352 B,N,S Police Station- Khargupur, District- Gonda, pending before the Learned Chief Judicial Magistrate Gonda, as well as Charge Sheet No.01/2024 on dated 11.08.2024 Under Section- 75,352 B,N,S Police Station- Khargupur, District-Gonda, the basis of compromise taken place between the parties on 02.08.2025."
4. 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 the present matter is arising out of matrimonial dispute and under some misunderstanding, the present F.I.R. has been lodged against the applicant and thereafter, the parties have amicably settled their dispute. The compromise deed has been reduced in writing on 02.08.2025, which has been annexed as annexure no. 3 to this application. He submits that now there is no grievance in between the parties 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. 5. On the other hand, learned counsel appearing for the opposite parties has supported the version of the learned counsel for the applicant 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 applicant, therefore, the criminal proceedings instituted against the applicant 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 applicant 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.52 of 2025 (State Vs Ashish Tiwari) arising out of FIR/ Case Crime No.201 of 2024, under Sections 75, 352 B.N.S., 2023, Police Station Khargupur, District Gonda, shall remain stayed so far as applicant is 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. 12. Office is directed to return the original compromise deed to the learned counsel for the applicant, if any, after taking the photocopy of the same. Order Date :- 21.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench