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2025 DAILYLAW 159992 (ALL)

RIZWAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS

A482/7037/2025 · 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. - 7037 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Sri Chetan Kumaar Tiwari, learned counsel has filed vakalatnama on behalf of the opposite party nos. 2 and 3, which is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State, Sri Chetan Kumaar Tiwari, learned counsel for the opposite party nos.2 & 3 and perused the record. By means of the instant application, the applicant has prayed for quashing the entire criminal proceedings of Session Trial No.45 of 2019, State Vs. Rizwan, pending in the court of learned Sessions Judge, Shrawasti initiated against the applicant in pursuance of impugned charge sheet dated 10.11.2018 submitted in Case Crime No.234 of 2018, under Sections 363 and 366 I.P.C. Police Station Malhipur, District Shravasti, in terms of compromise deed dated 18.8.2025. Learned counsel appearing for the applicant submits that the applicant is innocent and has 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 18.8.2025, 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 thus, the criminal proceedings against the applicant may be quashed. Versus Counsel for Applicant(s) : Arvind Kumar Tiwari Counsel for Opposite Party(s) : G.A. Rizwan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others .....Opposite Party(s) 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 initiated in pursuance of the Session Trial No.45 of 2019, State Vs. Rizwan, arising out of Case Crime No.234 of 2018, under Sections 363 and 366 I.P.C. Police Station Malhipur, District Shravasti, 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 27, 2025 Ram Murti A482 No. 7037 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench