DEVENDRA BAHADUR SINGH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS
A482/8009/2025 · 2025-09-19
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164800 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164800 (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. - 8009 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Sri Srees Kumar Srivastava, Advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2 and the same is taken on record. Heard learned counsel for the applicants, Sri Srees Kumar Srivastava, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the record. The instant application under Section 482 Cr.P.C./528 of the B.N.S.S.,2023, has been filed with the prayer to quash the impugned summoning order dated 15.05.2023 (ΑΝNEXURE NO. 4) passed by Learned Judicial Magistrate, Purwa, Unnao in Criminal Case No. 445 of 2023, charge sheet dated 07.11.2021 (ANNEXURE NO. 3) as well as entire proceedings of the Session Trial No. 482 of 2024, concerning Case Crime No. 373 of 2021, under Section 323,504,506, 325, 308 IPC, Police Station Maurawan, District Unnao,pending in the court of Learned Additional Sessions Judge-7, Unnao [State versus Devendra Bahadur Singh and Others], on the basis of compromise and amicable settlement between the applicnants and Opposite Party No. 2 (ANNEXURE NO. 6).
Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the Versus Counsel for Applicant(s) : Dheeraj Awasthi Counsel for Opposite Party(s) : G.A. Devendra Bahadur Singh And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Opposite Party(s)
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 24-07-2025, which has been annexed as annexure no. 6 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. On the other hand, learned counsel appearing for the opposite party no. 2 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 A482 No. 8009 of 2025 2
applicants to approach this Court again for quashing of the proceedings. For a period of three months, the criminal proceedings arising out ofCase Crime No. 373 of 2021, under Section 323,504,506, 325, 308 IPC, Police Station Maurawan, District Unnao,shall remain stayed so far as present applicants are concerned. 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. Office is directed to return the copy of original compromise deed to
learned counsel for the applicants within a week. September 19, 2025 AKS A482 No. 8009 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench