SHIV BALAK @ ARVIND KUMAR YADAV AND 2 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/6915/2025 · 2025-08-25
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159135 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159135 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 6915 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Vakalatnama filed by Shri Sushil Kumar Singh, Advocate on behalf of opposite party nos.2 is taken on record. 2. Heard, learned counsel for the applicant, learned A.G.A. for the State, Shri Sushil Kumar Singh, learned counsel for opposite party no. 2 and perused the record. 3. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Criminal Case No.2102607/7 (State Vs. Shiv Balak and Others) arising out of Case Crime No.217 of 2007, under Sections-363/366 IPC, pending in the court of IInd Additional Chief Judicial Magistrate, District- Sitapur on the basis of compromise dated 08.08.2025. 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 due to some misunderstanding, the instant F.I.R. has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 08.08.2025, which has been annexed as annexure no.1of 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 applicants are Versus Counsel for Applicant(s) : Manushresth Misra, Ravindra Kumar Singh Counsel for Opposite Party(s): G.A., Sushil Kumar Singh Shiv Balak @ Arvind Kumar Yadav And 2 Others .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s)
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 no. 2 has supported the version of the learned counsel for the applicants 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 applicants and the criminal proceedings 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. It is further directed that the applicant shall produce the original copy of the compromise before the trial court alongwith application for verification. 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 Criminal Case No.2102607/7 (State Vs. Shiv Balak and Others) arising out of Case Crime No.217 of 2007, under Sections-363/366 IPC, pending in the court of IInd Additional Chief Judicial Magistrate, District- Sitapur, shall remain stayed as far as the present applicants are concerned. A482 No. 6915 of 2025 2
11. 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. 12. Office is directed to return back the compromise deed dated 08.08.2025 to learned counsel for the applicants within a week. August 25, 2025 Haseen U. A482 No. 6915 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench