R.K. @ PRAMOD KUMAR AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/7764/2025 · 2025-09-16
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164453 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164453 (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. - 7764 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Shri Ashish Kumar Singh, 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 applicants, 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:-
"For the facts, reasons and circumstances as stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court my kindly be pleased to quash the entire criminal proceeding of the Case no. 12416 of 2016, crime no. 159 of 2015, under section 354, 323, 506 IPC, Police Station Bakshi Ka Talab, District - Lucknow. (State Versus R.K. & others), pending in the court of Additional Chief Judicial Magistrate - 7th Lucknow, in the interest of justice. It is further prayed that this Hon'ble Court may also be pleased to stay the further proceeding of the Case no. 12416 of 2016, crime no. 159 of 2015, under section 354, 323, 506 IPC, Police Station - Bakshi Ka Talab, District Lucknow, (State Versus R.K. & others), in the interest of justice."
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 present F.I.R. has been lodged against the applicants and Versus Counsel for Applicant(s) : Ram Prakash Singh, Ashutosh Singh Chauhan, Ranjit Kumar Counsel for Opposite Party(s) : G.A., Ashish Kumar Singh R.K. @ Pramod Kumar And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
thereafter, the parties have amicably settled their dispute. The compromise deed has been reduced in writing on 24.07.2025, which has been annexed as annexure no. 4 to this application. He submits that now there is no grievance in between the parties 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. 5.
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. 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 applicants to approach this Court again for quashing of the proceedings. 10. For a period of three months, the proceedings initiated in pursuance of the Case no. 12416 of 2016 (State Versus R.K. & others), arising out of crime no. 159 of 2015, under section 354, 323, 506 IPC, Police Station - Bakshi Ka Talab, District Lucknow, shall remain stayed so far as applicants are concerned. 11. The trial Court is directed to examine the fact that whether all the parties against whom the chargesheet was filed, the party in A482 No. 7764 of 2025 2
the compromise and in this respect, it shall also sent a report along with the verification order. 12.
The learned counsel for the applicants has submitted that the original copy of the compromise deed has been placed before the trial court alongwith the application dated 24.07.2025, if it is so, the trial court shall consider the same. September 16, 2025 Mohd. Sharif A482 No. 7764 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench