SUDHIR KUMAR JAISWAL AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/7258/2025 · 2025-09-01
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160562 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160562 (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. - 7258 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Sri Vaibhav Shukla, Advocate, has put in appearance by way of filing Vakalatnama on behalf of the opposite party no.2 and the same is taken on record. Heard learned counsel for the applicants, Sri Vaibhav Shukla, learned A.G.A. for the State and perused the record. By means of the instant application, the applicants have prayed to stay the proceedings in Criminal Case arising out of case no. 7868/18 (State of U.P. vs. Sudhir Kumar Jaiswal and others) pending court of Chief Judicial Magistrate Raebareli, arising out of crime no. 402/2017 under sections 147, 148, 323, 504, 506, 452 of I.P.C., registered at P.S. Kotwali Nagar, District Raebareli.
Learned counsel appearing for the applicants submits that due to some misunderstanding the instant FIR was lodged and thereafter the parties sat together and they have settled their dispute and that too has been reduced in writing as a compromise deed dated
04.08.2023. Adding his arguments, he submits that now the parties have put their all disputes at rest by way of executing compromise deed and thus further criminal proceedings against the present applicants would be a futile exercise and amount to harassment of the applicants. Versus Counsel for Applicant(s) : Ramesh Kumar Misra Counsel for Opposite Party(s) : G.A. Sudhir Kumar Jaiswal And 5 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
Adding his arguments, he also submits that this Hon'ble Court vide
order dated 09.12.2024 has referred the matter for compromise verification in Application U/S 482 Cr.P.C. No. 1558 of 2021, connected with application U/s 482 Cr.P.C. bearing no. 1411 of 2023 and in compliance of the aforesaid order, both the parties have appeared before the court below and the compromise deed dated 04.08.2023 has been verified in presence of all concerned parties and the order of verification was passed on 11.02.2025 by the learned Chief Judicial Magistrate, Raebareli. He next added that now the matter has been compromised between the parties, and as such the proceedings of Criminal Case No. 7868 of 2018 (State of U.P. versus Sudhir Kumar Jaiswal and Others) arising out of Case Crime No.402 of 2017, under sections 147, 148, 323, 504, 506, 452 of I.P.C., Police Station-Kotwali Nagar, District - Raebareli, may be quashed. On the other hand, learned counsel for the opposite party no.2 has also supported the version of the applicants and submits that the parties have entered into compromise deed and now there is no dispute in between the parties and thus the criminal proceeding against the applicant may be dropped. On the other hand, learned AGA appearing for the State has no objection to the contentions aforesaid. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 04.08.2023 and said compromise has been verified on 11.02.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned State versus Sudhir Kumar Jaiswal and Others, arising out of aforementioned Case Crime No.402 of 2017. In view of the above, as the applicants and opposite parties have entered into compromise on 04.08.2023 and no grievance remains to be agitated and as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgements of the Apex Court rendered in B.S. Joshi and others A482 No. 7258 of 2025 2
Vs. State of Haryana and another (2003)4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation[2008)9 SCC 677]; Manoj Sharma Vs. State and others ( 2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC 466.
Resultantly, the proceedings arising out of Case Crime No.402 of 2017, under sections 147, 148, 323, 504, 506, 452 of I.P.C., Police Station-Kotwali Nagar, District - Raebareli, are hereby quashed. The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly. September 1, 2025 AKS A482 No. 7258 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench