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2025 DAILYLAW 159851 (ALL)

SMT. MAGALA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER

A482/7026/2025 · 2025-08-27

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7026 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Sri Pravin Kumar Verma, learned counsel has filed vakalatnama on behalf of the opposite party no.2, which is taken on record. Heard learned counsel for the applicants, Sri Pravin Kumar Verma, learned counsel for opposite party no.2, 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 entire proceedings of Criminal Case No.3068 of 2025, State Vs. Magala and another, arising out of Case Crime No.208 of 2024 under Section 366A I.P.C. Police Station Dewa, District Barabanki, pending before the court of Additional Chief Judicial Magistrate, Court No.17, Barabanki as well as impugned charge sheet dated 30.10.2024 which was filed against the applicants and the impugned cognizance order dated 8.5.2025 passed by the court of Additional Chief Judicial Magistrate, Court No.17, Barabanki. Learned counsel appearing for the applicants submits that the applicants are innocent and they 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 applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 18.8.2025, which has been annexed as annexure no. 9 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 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. On the other hand, learned counsel appearing for the opposite parties has supported the version of the learned counsel for the applicants and submits Versus Counsel for Applicant(s) : Bhola Singh Patel Counsel for Opposite Party(s) : G.A., Pravin Kumar Verma Smt. Magala .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 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. 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 initiated in pursuance of the Criminal Case No.3068 of 2025, State Vs. Magala and another, arising out of Case Crime No.208 of 2024 under Section 366A I.P.C. Police Station Dewa, District Barabanki, shall remain stayed so far as applicants are concerned. Office is directed to return the original compromise deed to the learned counsel for the applicants, if any, after taking the photocopy of the same. August 27, 2025 Ram Murti A482 No. 7026 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench