PIYUSH VIPIN LUTHRA @ PIYUSH LUTHRA AND 3 OTHERS v. THE STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS
A482/6961/2025 · 2025-08-26
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159562 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159562 (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. - 6961 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Sri Bhupendra Pratap Singh,Advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 3 and the same is taken on record. 2. Heard learned counsel for the applicants, Sri Bhupendra Pratap Singh, learned counsel for opposite party no. 3, learned A.G.A. for the State and perused the record. 3. The instant application under Section 482 Cr.P.C./528 of the B.N.S.S.,2023, has been filed with the prayer to quash the chargsheet dated 24.04.2024 including order dated 28.10.2024 taking cognizance and summoning order passed by A.C.J.M. VI Room no. 30 Lucknow, in case State Versus Piyush Vipin Luthra and others arising out of case no. 108537/2024 Crime No.: 249/2023, U/S 498A,506, 323, 504 of I.P.C. and section 3/4 of the D.P.Act, P.S.-Talkatora, District-Lucknow. 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 18-08-2025, 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 Versus Counsel for Applicant(s) : Gauri Suwan Pandey Counsel for Opposite Party(s) : G.A. Piyush Vipin Luthra @ Piyush Luthra And 3 Others .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others .....Opposite Party(s)
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 party no. 3 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. 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 arising out of case no. 108537/2024 Crime No.: 249/2023, U/S 498A,506, 323, 504 of I.P.C. and section 3/4 of the D.P.Act, P.S.-Talkatora, District-Lucknow,shall remain stayed so far as present applicants are concerned. 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 the copy of original compromise A482 No. 6961 of 2025 2
deed to learned counsel for the applicants within a week. August 26, 2025 AKS A482 No. 6961 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench