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2025 DAILYLAW 161885 (ALL)

VISHAL SONKAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. GOVT. LKO. AND ANOTHER

A482/7595/2025 · 2025-09-15

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7595 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Mohd. Afgan Khan, Advocate has put in appearance by way of filing vakalatnama on behalf of opposite party no.2 and the same is taken on record. 2. Heard learned counsel for the applicant, Mohd. Afgan Khan, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record. 3. The instant application has been filed with the prayer to quash the summoning order dated 06.04.2024 passed by the learned Chief- Judicial Magistrate, Lucknow in Criminal Case No.35689 of 2024 "State Vs. Vishal sonkar" arising out of Crime No. 366 of 2023, under Sections 323,504,506 IPC Police Station- Hazratganj, District- Lucknow and the impugned Charge Sheet dated 18.01.2024 arising out of Case Crime No.366 of 2023, Under the sections- 323,504,506 Police Station-Hazratganj, District-Lucknow. 4. Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been implicated in the instant case. He next added that under some misunderstanding, the instant F.I.R. has been lodged against the applicant and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 14.07.2025, which has been Versus Counsel for Applicant(s) : Utkarsh Gupta, Neelanjali Gupta Counsel for Opposite Party(s) : G.A., Narendra Kumar Vishal Sonkar .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. Lko. And Another .....Opposite Party(s) annexed as annexure no.3 to the instant application. He next added that now there is no grievance in between the parties with each other 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 through a compromise deed and there is no further grievance of the opposite parties against the present applicant and the criminal proceedings 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 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 Case Crime No.366 of 2023, shall remain stayed so far as applicants are concerned. A482 No. 7595 of 2025 2 11. The trial Court is directed to examine the fact that whether all the parties against whom the charge-sheet was filed, the party in 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 applicants, if any, after taking the photocopy of the same. September 15, 2025/V. Sinha A482 No. 7595 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench