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2025 DAILYLAW 160514 (ALL)

RAJ PRATAP SINGH AND 4 OTHERS v. STATE OF U.P. THRU. SECY. DEPTT. HOME SECTT. LKO. AND 2 OTHERS

A482/7110/2025 · 2025-08-28

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7110 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Sri Shivam Srivastava, Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite parties nos. 2 and 3, which is taken on record. Heard learned counsel for the applicants, Sri Shivam Srivastava learned counsel appearing for opposite parties nos. 2 and 3 and learned AGA for the State as well as perused the record. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the chargesheet no. 01 of 2020, dated 08.06.2020 in Criminal Case No. 5300 of 2020; State Vs. Raj Pratap Singh and others, arising out of Case Crime No. 178 of 2019, under Sections 392, 323, 352, 427, 147 IPC and Section 7 of Criminal Law Amendment Act, Police Station Bhiti, District Ambedkar Nagar and summoning order dated 10.09.2020 passed by learned Civil Judge, Junior Division, FTC/Judicial Magistrate, Ambedkar Nagar as well as entire proceedings in pursuance thereof. 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 FIR has been lodged and criminal proceedings have been Versus Counsel for Applicant(s) : Akash Tiwari, Arpit Dwivedi, Subhash Pandey Counsel for Opposite Party(s): G.A., Shivam Srivastava, Vikas Yadav Raj Pratap Singh And 4 Others .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Home Sectt. Lko. And 2 Others .....Opposite Party(s) initiated against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 11.08.2025, 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 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 opposite parties nos. 2 and 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. Learned AGA 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. A482 No. 7110 of 2025 2 For a period of three months, the proceedings initiated in pursuance of Criminal Case No. 5300 of 2020; State Vs. Raj Pratap Singh and others, arising out of Case Crime No. 178 of 2019, under Sections 392, 323, 352, 427, 147 IPC and Section 7 of Criminal Law Amendment Act, Police Station Bhiti, District Ambedkar Nagar, shall remain stayed, so far as present applicants are concerned. 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. Office is directed to return back the original compromise deed dated 11.08.2025 to learned counsel for the applicants within a week. August 28, 2025 kkv/ A482 No. 7110 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench