AKASH SINGH @ DAU SINGH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/6935/2025 · 2025-08-25
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159475 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159475 (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. - 6935 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Shri Ravindra Kumar Yadav, 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 relief:-
"Wherefore, it is most humbly prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge sheet (Police Report) bearing No. 1/22 dated: 13-12-2022, vide FIR / Case Crime No 326/2023 under section 323, 506 1.P.C. Police Station- Jahangeer Ganj. District Ambedkar Nagar and proceedings of the S.T.No 326 of 2023 pending before Hon'ble Civil Judge Junior Division /J.M., Ambedkar Nagar in S.T. No. 326/2023 vide "State versus Adarsh and others" and further proceedings of the case in pursuance thereof, pending in the court of learned Civil Judge Junior Division/J.M., Ambedkar Nagar, in pursuance of the compromise arrived between the applicant and opposite party No 2 dated: 02-08-2025, in the interest of justice."
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 Versus Counsel for Applicant(s) : Avinash Pandey, Ajeet Singh Counsel for Opposite Party(s) : G.A. Akash Singh @ Dau Singh And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
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 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 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 S.T. No. 326 of 2023 "State versus Adarsh and A482 No. 6935 of 2025 2
others", arising out of FIR / Case Crime No 326 of 2023 under section 323, 506 I.P.C. Police Station- Jahangeer Ganj. District Ambedkar Nagar, 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.
12. It is further directed that the applicants shall place the original copy of the compromise deed dated 02.08.2025 alongwith the application before the learned trial court at the time of filing the same as the original copy is not appended alongwith this application. August 25, 2025 Mohd. Sharif A482 No. 6935 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench