PRADEEP KUMAR TIWARI @ PRADEEP TIWARI v. THE STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/7277/2025 · 2025-09-02
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161751 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161751 (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. - 7277 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Shri Dharmendra Kumar, Advocate has put in appearance by filing Vakalatnama on behalf of opposite party no.2, the same is taken on record. 2. Heard learned counsel for the applicant, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the record. 3. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following relief:-
"Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to allow the application and quash the entire proceedings arise out of impugned order of taking cognizance dated 13.08.2024 passed by Additional Chief Judicial Magistrate Vth Lucknow in Criminal Case No-76046 of 2024 and Charge Sheet dated 21.04.2024 in Crime No 108 of 2024 under sections-323, 504, 506, 308 IPC relating to Police Station-Para, District-Lucknow, in Re- Sate Versus Pradeep Tiwari, contained as Annexure No-1 to the application on the basis of Compromise Deed dated 23.08.2025. Meanwhile, this Hon'ble court may kindly be pleased to stay the further proceeding of Criminal Case No-76046 of 2024 in Crime No-108 of 2024 under section-323,504,506,308 IPC, pending in the Court of Additional Chief Judicial Magistrate (Vth) Lucknow, during pending instant application."
4. Learned counsel appearing for the applicant submits that the applicant is innocent and have falsely been implicated in the instant case. He next added that under some misunderstanding, the present F.I.R. has been lodged against the applicant and Versus Counsel for Applicant(s) : Arun Kumar Saxena Counsel for Opposite Party(s) : G.A., Dharmendra Kumar Pradeep Kumar Tiwari @ Pradeep Tiwari .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
thereafter, the parties have amicably settled their dispute. The compromise deed has been reduced in writing on 23.08.2025, which has been annexed as annexure no. 5 to this application. He submits that now there is no grievance in between the parties and the criminal proceedings against the applicant are the futile exercise as there is no fate of trial and that is amount to harassment of the applicant and thus, the criminal proceedings against the applicant 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 applicant and submits that the parties have settled their dispute amicably while executing a compromise deed and there is no further grievance of the opposite parties against the present applicant, therefore, the criminal proceedings instituted against the applicant 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 applicant to approach this Court again for quashing of the proceedings.
10. For a period of three months, the proceedings initiated in pursuance of the Criminal Case No.76046 of 2024 'State Versus Pradeep Tiwari', arising out of Case Crime No.108 of 2024, under Sections 323, 504, 506, 308 IPC, Police Station Para, District Lucknow, shall remain stayed so far as the applicant is 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 A482 No. 7277 of 2025 2
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 applicant, if any, after taking the photocopy of the same. September 2, 2025 Mohd. Sharif A482 No. 7277 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench