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2025 DAILYLAW 160932 (ALL)

SHYAM PAL SINGH AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/7153/2025 · 2025-08-29

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7153 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Sri Sumit Chauhan, Advocate has put in appearance by filing Vakalatnama on behalf of the opposite party no.2 and the same is taken on record. Heard learned counsel for the applicants, learned A.G.A. for the State, Sri Sumit Chauhan, learned counsel for the opposite party no.2 and perused the record. By means of the instant application, the applicants have prayed for quashing of the charge sheet dated 26.11.2010 (Annexure No.2) arising out of Case Crime No. 356/2010 under sections 323, 504, 506 & 308 I.P.C and Section 3(2)V SC/ST Act registered at Police Station-Mall District-Lucknow (State vs Shyam Pal Singh and others), S.T. No. 29/2012. 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 24.06.2024. 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 Versus Counsel for Applicant(s) : Dr. Ajai Pratap Singh Chauhan Counsel for Opposite Party(s) : G.A. Shyam Pal Singh And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) the applicants. Adding his arguments, he also submits that this Hon'ble Court vide order dated 05.09.2024 has referred the matter for compromise verification in Application U/S 482 Cr.P.C. No. 7910 of 2024 and in compliance of the aforesaid order, both the parties have appeared before the court below and the compromise deed dated 24.06.2024 has been verified in presence of all concerned parties and the order of verification was passed on 29.06.2024 by the learned Special Judge,S.C./S.T. Act, Lucknow. He next added that now the matter has been compromised between the parties, and as such the proceedings of Sessions Trial No. 29 of 2012 (State versus Shyam Pal Singh and Others) arising out of Case Crime No. 356 of 2010, under sections 323, 504, 506 & 308 I.P.C and Section 3(2)V SC/ST Act registered at Police Station-Mall District-Lucknow, 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 24.06.2024 and said compromise has been verified on 29.06.2024 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned State versus Shyam Pal Singh and Otherss, arising out of aforementioned Case Crime No. 356 of 2010. In view of the above, as the applicants and opposite parties have entered into compromise on 24.06.2024 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 A482 No. 7153 of 2025 2 Judgements of the Apex Court rendered in B.S. Joshi and others 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 Sessions Trial No. 29 of 2012 (State versus Shyam Pal Singh and Others) arising out of Case Crime No. 356 of 2010, under sections 323, 504, 506 & 308 I.P.C and Section 3(2)V SC/ST Act registered at Police Station-Mall District- Lucknow, are hereby quashed. The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly. August 29, 2025 AKS A482 No. 7153 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench