RAVI SHANKER TIWARI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
A482/7034/2025 · 2025-08-29
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159526 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159526 (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. - 7034 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Short counter affidavit and vakalatnama filed by Sri S.B. Sharma, learned counsel on behalf of the opposite party no.3 is taken on record. Heard learned counsel for the applicant, Sri S.B. Sharma, learned counsel for opposite party no.3, learned A.G.A. for the State and perused the record. The instant application under Section 482 Cr.P.C. has been filed for quashing the Crl/0046492/2016, SL No.783/2016, Summoning Order dated 14.10.2016 under Sections 419, 420, 467, 468, 471 I.P.C. and 67 IT Act in Case Crime No.592 of 2016 Police Station Gazipur, District Lucknow and charge sheet no.01 of 2016 passed by learned Special CJM Custom, District Lucknow, State of U.P. Vs. Ravi Shanker Tiwari. Learned counsel appearing for the applicant submits that the applicant is innocent and have falsely been implicated in the instant case. He next added that under some misunderstanding, the instant F.I.R. has been lodged against the applicant and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 2.8.2025, which has been annexed as annexure no.4 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 Versus Counsel for Applicant(s) : Santosh Kumar Pandey Counsel for Opposite Party(s) : G.A., Shyam Bahadur Ravi Shanker Tiwari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s)
thus, the criminal proceedings against the applicant may be quashed. 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 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 A.G.A. 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 applicant to approach this Court again for quashing of the proceedings. For a period of three months, the proceedings in Crl/0046492/2016, SL No.783/2016, arising out of Case Crime No.592 of 2016 under Sections 419, 420, 467, 468, 471 I.P.C. and 67 IT Act Police Station Gazipur, District Lucknow, shall remain stayed so far as applicant is concerned. 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. August 29, 2025 Ram Murti A482 No. 7034 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench