DURGESH KUMAR SINGH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 2 OTHERS
A482/7920/2025 · 2025-09-19
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165162 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165162 (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. - 7920 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Shri Anil Kumar Mishra, 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:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire criminal proceeding of Criminal Case No. 156 of 2024
"State Versus Durgesh Kumar & others" arising out of case crime No. 217 of 2023 lodged under Section 498A, 323, 504, 506, 406 IPC and section 3/4 Dowry Prohibition Act, Police Station- Malipur, Ambedkar Nagar, pending before Civil Judge (Jr.Div.)F.T.C.-I/Judicial Magistrate, Ambedkar Nagar, including the chargesheet No. 07 of 2024 dated 25.1.2024 as well as for quashing the order dated 15.4.2024 passed by the Civil Judge (Jr.Div.)F.T.C.-I/Judicial Magistrate, Ambedkar Nagar directing the Petitioners to appear before the court to face the trauma of trial, as contained in Annexure No. 2&3 respectively to this petition."
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 thereafter, the parties have amicably settled their dispute. The compromise deed has been reduced in writing on 20.08.2025, 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. Versus Counsel for Applicant(s) : Ram Singh Counsel for Opposite Party(s) : G.A., Anil Kumar Mishra Durgesh Kumar Singh And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 2 Others .....Opposite Party(s)
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 Criminal Case No. 156 of 2024 "State Versus Durgesh Kumar & others", arising out of case crime No. 217 of 2023 under Section 498A, 323, 504, 506, 406 IPC and section 3/4 Dowry Prohibition Act, Police Station- Malipur, Ambedkar Nagar, 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 the compromise and in this respect, it shall also sent a report along with the verification order.
12. 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 19, 2025 Mohd. Sharif A482 No. 7920 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench