Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 160316 (ALL)

BUDDHARAM AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS

A482/7019/2025 · 2025-08-26

Shree Prakash Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7019 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Ms. Kanchan Verma, advocate, has put in appearance by way of filing vakalatnama on behalf of opposite parties no.2 to 5 alongwith the short counter affidavit dated 26.08.2025, which are taken on record. 2. Heard learned counsel for the applicants, Ms. Kanchan Verma, learned counsel for opposite parties no.2 to 5 and learned A.G.A. for the State and perused the record. 3. The instant application has been filed under Section 482 Cr.P.C. with a prayer to stay and to quash the entire criminal proceeding in the impugned Chargesheet No. A364/2024 dated 16.10.2024 as well as the summoning order dated 28.07.2025 and further proceedings of Case No. 771/2025, (State Vs Buddharam & others). This case arises out of Case Crime No. 0204/2024, under Sections 324, 323, 504, 506 I.P.C. at Police Station - Dariyabad, District - Barabanki, and is pending in the Court of Learned Additional Chief Judicial Magistrate, Court No.25, Barabanki on the basis of a compromise dated 30.07.2025. 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 instant F.I.R. has been lodged against the applicants and thereafter, Versus Counsel for Applicant(s) : Preeti Devi Counsel for Opposite Party(s) : G.A., Kanchan Verma (Km.) Buddharam And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Opposite Party(s) the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 30.07.2025, 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 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 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 initiated in pursuance of the Case No. 771/2025 (State Vs Buddharam & others), arising out of Case Crime No. 0204/2024, under Sections 324, 323, A482 No. 7019 of 2025 2 504, 506 I.P.C, at Police Station - Dariyabad, District - Barabanki, shall remain stayed so far as the 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. 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 26, 2025 Haseen U. A482 No. 7019 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench