KISHAN PAL @ KRISHNA PAL v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 2 OTHERS
/7724/2025 · 2025-09-12
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164419 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164419 (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. - 7724 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Shri Anshul Mishra, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party nos. 2 and 3, which is taken on record. Heard learned counsel for the applicant, learned AGA for the State as well as learned counsel for the opposite party Nos.2 and 3 and gone through the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief:-
"The applicant named above most respectfully begs to submit that for the facts, reasons and circumstances stated in the accompanying application under section 482 Cr.P.C./528 B.N.S.S. duly supported by an affidavit, this Hon'ble Court may kindly be pleased to stay the further proceedings of the Criminal Complaint Case No. 1622 of 2010, (Chhotelal Versus Kishan Pal), as well as stay the impugned summoning order dated 13.06.2011, passed by Learned Additional Chief Judicial Magistrate, Court No. 31, District- Lucknow, under sections-323, 427, 506 IPC, in Criminal Complaint Case No. 1622 of 2010 (Chhotelal Versus Kishan Pal), pending before the Learned Additional Chief Judicial Magistrate, Court No. 1, District-Lucknow, relating to Police Station Nigoha, District Lucknow, thereof as contained in Annexure No. 1 to this application under section 482 Cr.P.C./528 B.N.S.S., during the pendency of instant application, in the interest of justice." It is submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No.3 to the present application. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed. Versus Counsel for Applicant(s) : Ashok Kumar Srivastava, Avinash Srivastava Counsel for Opposite Party(s) : G.A. Kishan Pal @ Krishna Pal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 2 Others .....Opposite Party(s)
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 Court.
Considering the aforesaid, this application is disposed of finally in following terms:- (i) The parties to the proceedings, i.e. Criminal Complaint Case No. 1622 of 2010 (Chhotelal Versus Kishan Pal), under Sections - 323, 427, 506 IPC, pending before the Additional Chief Judicial Magistrate, Court No. 1, District-Lucknow, shall appear and file the compromise before the concerned Court within four week's from today. (ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record. (iii) The concerned Court shall conclude the process of verification of compromise within four week's from the date of production of copy of this order. (iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed. (v) It shall be open to the applicant to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise to the Counsel for the applicant, after retaining its photocopy on record. It is for the purposes for its verification by the concerned court. (vii) For a period of eight weeks, no coercive action shall be taken against the applicant in the aforesaid case. September 12, 2025 ML/- A482 No. 7724 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench