BRAJESH KUMAR AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/7481/2025 · 2025-09-08
Shree Prakash Singh
body2025
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[ 2025 DAILYLAW 161806 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161806 (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. - 7481 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Shri Himanshu Singh Patel, learned counsel has filed short counter affidavit alongwith Vakalatnama on behalf of opposite party no.2, the same is taken on record. 2. Heard learned counsel for the applicants, 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:-
"That for the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quashed/set aside the Impugned Charge Sheet No. 01 of 2023 dated 25.09.2023 arising out of First Information Report No. 0257 of 2023, under section-420, 406 of Indian Penal Code Police Station-Krishna Nagar, District-Lucknow, which has been filed before the Learned. Additional Chief Judicial Magistrate VII, Lucknow, and entire criminal proceeding of Criminal Case No. 2084/2024 (State Versus Dileep Kumar Maurya & others) registered against petitioners on the basis aforesaid impugned charge sheet, pending before Learned Additional Chief Judicial Magistrate VII, Lucknow, on the basis of compromise as continuations of the same would tantamount to gross abuse of the process of law resulting in a grave miscarriage of justice, which is contained as ANNEXURE NO. 1&2 to this petition. It is further prayed that this Hon'ble Court may kindly be pleased to stay the proceeding of Criminal Case No.2084/2024 (State Versus Dileep Kumar Maurya & others) under section-420, 406 of Indian Penal Code Police Station-Krishna Nagar, District-Lucknow, during the pendency of the present case." Versus Counsel for Applicant(s) : Brijesh Kumar Verma, Aishwarya Verma Counsel for Opposite Party(s) : G.A., Himanshu Singh Patel Brajesh Kumar And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
4. 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 under some misunderstanding, the present F.I.R. has been lodged against the applicants and thereafter, the parties have amicably settled their dispute. The compromise deed has been reduced in writing on 22.08.2025, which has been annexed as annexure no. 4 to this application.
He submits that now there is no grievance in between the parties 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. 5. On the other hand, learned counsel appearing for the opposite parties has supported the version of the learned counsel for the applicants 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 applicants, therefore, the criminal proceedings instituted against the applicants 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 applicants 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.2084 of 2024 (State Versus Dileep Kumar Maurya & others), arising out of FIR/ Case Crime No.0257 of 2023, under Sections 420, 406 of IPC, Police Station Krishna Nagar, District Lucknow, shall remain stayed so far as applicants are 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 the compromise and in this respect, it shall also sent a report along with the verification order. A482 No. 7481 of 2025 2
12. Office is directed to return the original compromise deed to the
learned counsel for the applicants, if any, after taking the photocopy of the same. September 8, 2025 Mohd. Sharif A482 No. 7481 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench