ABHISHEK KUMAR AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 2 OTHERS
A482/7727/2025 · 2025-09-16
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164253 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164253 (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. - 7727 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Shri Rajesh Kumar Srivastava & Praveen Singh, Advocates have filed Vakalatnama on behalf of opposite party no.2, the same is taken on record. 2. Heard learned counsel for the applicants, Shri Rajesh Kumar Srivastava & Praveen Singh, learned counsels 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:-
"To pass an order thereby quashing the impugned summoning order dated 17.08.2023 passed by THE COURT OF LD. ACJM CBI (AP), LUCKNOW arising out of Case Crime No. 218 of 2022, contained as Annexure No.01 to this application, as well as entire proceedings of the Case Crime No. 218 of 2022, so far it relates to the Applicant, pending in the court of Learned ACJM CBI (AP) [State vs Abhishek Kumar& Ors.], on the basis of the grounds mentioned in the accompanying petition."
4. It is pointed out by learned counsel for the applicants that the applicants entered into a compromise deed while executing the same on 30.08.2025, original copy was appended alongwith the Application U/S 482 No.7591 of 2025, which has been referred for verification. He submits that in paragraph 9(II), the present case is also mentioned and as per the settlement, the present case is also get decided. Versus Counsel for Applicant(s) : Syed Tamjeed Ahmad Counsel for Opposite Party(s) : G.A., Rajesh Kumar Srivastava Abhishek Kumar And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 2 Others .....Opposite Party(s)
5. The learned trial court is directed to verify the compromise deed dated 30.08.2025 with respect to Case Crime No. 218 of 2022 under Sections 494, 504, 506 of IPC registered at Police Station Ashiyana, Lucknow. T hus, the criminal proceedings against the applicants may be quashed. 6. 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. 7.
Learned A.G.A. appearing for the State has no objection to the
contentions aforesaid.
8. 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.
9. 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.
10. 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.
11. For a period of three months, the criminal proceedings initiated in pursuance of Case Crime No. 218/2022, under sections 494, 504, 506 I.P.C., Police Station Ashiyana, District Lucknow, shall remain stayed so far as applicants are concerned.
12. 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 A482 No. 7727 of 2025 2
verification order.
13. 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 16, 2025 Mohd. Sharif A482 No. 7727 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench