Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 161886 (ALL)

ANUJ KUMAR YADAV ALIAS ANUJ KUMAR AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME, LKO AND ANOTHER

CRLA/2837/2025 · 2025-09-09

Shree Prakash Singh

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 2837 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Shri Shubham Chaurasiya, 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 appellants, 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 set aside the entire criminal proceedings arising out of Summon Order Dated 17.11.2023 passed in Sessions Trial No. 3423 of 2023 State Versus Anuj Kumar Yadav & Others by the court of Special Judge, S.C.-S.T. Act, Lucknow arising out of Chargesheet No. 01 Dated 03.06.2023 U/S 504/506 of Indian Penal Code, 1860 and U/Ss 3(1)(Da), 3(1)(Dha) and 3(2)(Va) Of Scheduled Castes and Scheduled Tribes (Prevention Of Atrocities) Act, 1989, arising out of FIR/Case Crime No. 0105 Dated 14.04.2023 P.S. Mall, Lucknow. In terms of compromise deed dtd 01/03/25 as Annexure no-03." 4. Learned counsel appearing for the appellants submits that the appellants 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 appellants and thereafter, the parties have amicably settled their dispute. The Versus Counsel for Appellant(s) : Manoj Kumar Gupta, Akash Kumar Yadav Counsel for Respondent(s) : G.A., Ashish Chaurasia, Shubham Chaurasiya Anuj Kumar Yadav Alias Anuj Kumar And 2 Others .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home, Lko And Another .....Respondent(s) compromise deed has been reduced in writing on 01.03.2025, which has been annexed as annexure no. 3 to this application. He submits that now there is no grievance in between the parties and the criminal proceedings against the appellants are the futile exercise as there is no fate of trial and that is amount to harassment of the appellants and thus, the criminal proceedings against the appellants 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 appellants 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 appellants, therefore, the criminal proceedings instituted against the appellants 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 appellants to approach this Court again for quashing of the proceedings. 10. For a period of three months, the proceedings initiated in pursuance of the Sessions Trial No. 3423 of 2023 "State Versus Anuj Kumar Yadav & Others" arising out of FIR/Case Crime No. 0105 of 2023, U/S 504, 506 of Indian Penal Code, 1860 and U/Ss 3(1)(Da), 3(1)(Dha) and 3(2)(Va) Of Scheduled Castes and Scheduled Tribes (Prevention Of Atrocities) Act, 1989, P.S. Mall, District Lucknow, shall remain stayed so far as appellants are concerned. CRLA No. 2837 of 2025 2 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. 12. Office is directed to return the original compromise deed to the learned counsel for the appellants, if any, after taking the photocopy of the same. September 9, 2025 Mohd. Sharif CRLA No. 2837 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench