SHIVADHAR PANDEY v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/7223/2025 · 2025-09-01
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161197 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161197 (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. - 7223 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Sri Shailendra Pratap Singh,Advocate, has put in appearance by way of filing Vakalatnama as well as Short Counter Affidavit on behalf of opposite party no. 2 and the same is taken on record. Heard learned counsel for the applicant, Sri Shailendra Pratap Singh, learned counsel for the opposite party no. 2, learned A.G.A. for the State and perused the record. The instant application under Section 482 Cr.P.C./528 of the B.N.S.S.,2023 has been filed with the prayer to quash the entire proceedings of Criminal Case No.7354 of 2013; State Versus Shivadhar Pandey and others, arising out of Case Crime No.179 of 2011, under sections-419, 420, 467,468, 471 I.P.C., relating to the Police Station-Gudamba, District- Lucknow, pending in the Court of learned Additional Chief Judicial Magistrate-II, Lucknow, impugned chargesheet no.173-A/11 dated 29.10.2011, submitted by the Investigating Office against the petitioner, under sections- 419, 420, 467,468 and 471 I.P.C., in aforesaid Case Crime No.179 of 2011, as well as impugned cognizance/summoning order dated 23.12.2011 and impugned order of Bailable Warrant dated 2.8.2025 passed by the concerned Court. It is submitted by the learned counsel for the applicant that the informant after lodging the first information report, entered into a compromise deed in the year 2011 and that was placed before the Investigating Officer, but, the same was not taken into
consideration and the chargesheet was filed. He submits that the parties have again entered into a settlement and executed a Versus Counsel for Applicant(s) : Anadi Kumar Singh Counsel for Opposite Party(s) : G.A. Shivadhar Pandey .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
compromise deed on 25-08-2025 and the matter has been settled in between the parties and therefore, allowing further criminal proceedings against the applicant would amount to harassment. On the other hand, learned counsel appearing for the opposite party no. 2 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 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 applicants to approach this Court again for quashing of the proceedings. For a period of three months, the proceedings arising out of Case Crime No.179 of 2011, under sections-419, 420, 467,468, 471 I.P.C., relating to the Police Station-Gudamba, District- Lucknow, shall remain stayed so far as present applicant is 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 the copy of original compromise deed, if A482 No. 7223 of 2025 2
any, to learned counsel for the applicant within a week. September 1, 2025 AKS A482 No. 7223 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