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2025 DAILYLAW 162471 (ALL)

KRIPA SHANKAR @ KRIPA RAM AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

A482/7441/2025 · 2025-09-08

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7441 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Vakalatnama filed today by Mr. Ashutosh Mishra, learned counsel on behalf of opposite party nos. 3 and 4 is taken on record. Heard learned counsel for the applicants, Sri Ashutosh Mishra, learned counsel for the opposite party nos. 3 and 4, learned A.G.A. for the State and perused the record. Instant application has been filed with the prayer to quash the entire criminal proceedings pending before the court of Civil Judge (J.D.), Fast Track Court/Judicial Magistrate, Ambedkar Nagar, against applicant nos. 1 to 3 in Case No.1158 of 2018, State Vs. Mahendra Pratap & others, and criminal proceedings pending against applicant no.4 before the Juvenile Justice Board, District Ambedkar Nagar including impugned charge sheet No.01 of 2017 dated 25.1.2018 arises out of Case Crime No.188 of 2017 under Sections 323, 504, 506 I.P.C. Police Station Bhiti District Ambedkar Nagar on the basis of joint compromise dated 20.8.2025 drawn/executed between the applicants and opposite party nos. 3 and 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 instant F.I.R. has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 20.8.2025, which has been annexed as annexure no. 1 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 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 Versus Counsel for Applicant(s) : Manoj Kumar Nishad, Pradeep Kumar Shukla Counsel for Opposite Party(s) : G.A., Ashutosh Mishra Kripa Shankar @ Kripa Ram And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) may be quashed. 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 through a compromise deed and there is no further grievance of the opposite parties against the present applicants and the criminal proceedings against the applicants 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 criminal proceeding of Case No.1158 of 2018, State Vs. Mahendra Pratap & others arising out of Case Crime No.188 of 2017 under Sections 323, 504, 506 I.P.C. Police Station Bhiti District Ambedkar Nagar, shall remain stayed so far as it relates to the present applicants. 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 Ram Murti A482 No. 7441 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench