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2025 DAILYLAW 163182 (ALL)

GOVIND MISHRA AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/7689/2025 · 2025-09-12

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7689 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record. 2. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Criminal Case No.41234/2018, pending in the court of learned Civil Judge, (Junior Division)/FTC, Mahila, Lucknow and to quash the charge-sheets dated 02.09.2017 and 19.05.2018 filed in FIR/Case Crime No.0161/2016 lodged at Police Station Mahila Thana, District Lucknow on the ground that the parties have arrived at a settlement/compromise. 3. 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 due to 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 19.12.2024, a copy of which has been annexed as Annexure-4 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 may be quashed. 4. Learned A.G.A. appearing for the State has no objection to the Versus Counsel for Applicant(s) : Twinkle Rajpal, Arvind Kumar Shukla Counsel for Opposite Party(s) : G.A. Govind Mishra And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) contentions aforesaid. 5. Now whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial Court as such compromise has to be duly verified in presence of the parties concerned before the trial Court. 6. Accordingly, this application is disposed of with a direction to the trial 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. 7. 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. 8. For a period of three months, the further proceedings of Criminal Case No.41234/2018, pending in the court of learned Civil Judge, (Junior Division)/FTC, Mahila, Lucknow, arising out FIR/Case Crime No.0161/2016 lodged at Police Station Mahila Thana, District Lucknow, shall remain stayed, so far as present applicants are concerned. 9. The trial court is further directed for ensuring the fact that all the parties against whom the chargesheet was filed are present before the trial Court and a report with respect to this effect shall also be sent alongwith verification order. 10. The applicants are directed to produce the original compromise deed before the learned trial Court. 11. Office is directed to return the original compromise deed, if any, to the applicants within a week. September 12, 2025 MVS/- A482 No. 7689 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench