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2025 DAILYLAW 166226 (ALL)

RATNESH KUSHWAHA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS

/8040/2025 · 2025-09-23

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8040 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Sri Ashwani Kumar Singh, Advocate, has filed Vakalatnama on behalf of opposite party no.3, the same is taken on record. 2. Heard learned counsel for the applicant, Sri Ashwani Kumar Singh, learned counsel for opposite party no.3, 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:- "1) Wherefore, for the facts and circumstances enumerated in the accompanying petition and affidavit, it is humble prayed that this Hon'ble Court may graciously be pleased to quash the entire criminal proceedings for the present applications arising out of FIR dated 27.01.2019 registered as Case Crime No. 83/2019 under Sections 279, 337, 427 of IPC, at P.S. Ghazipur, District Lucknow along with entire criminal proceedings arising out of criminal case no. 15495/2019 as well as the entire proceedings drawn by the police including the chargesheet dated 31.05.2019 (under section 173 Crpc) submitted by the police in PS case no, 83 of 2019 for the present applicant, in the interest of justice." 4. Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been implicated in the instant case. He next added that under some misunderstanding, the present F.I.R. has been lodged against the applicant and thereafter, the parties have amicably settled their dispute. The copy of compromise deed has been reduced in writing on 08.09.2025, 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 Versus Counsel for Applicant(s) : Aman Srivastava, Shikhar Upadhyay, Srijan Sinha Counsel for Opposite Party(s) : G.A., Ashwani Kumar Singh Rathore, Neha Mishra Ratnesh Kushwaha .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s) criminal proceedings against the applicant are the futile exercise as there is no fate of trial and that is amount to harassment of the applicant and thus, the criminal proceedings against the applicant 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 applicant 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 applicant, therefore, the criminal proceedings instituted against the applicant 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 applicant to approach this Court again for quashing of the proceedings. 10. For a period of three months, the proceedings initiated in pursuance of Criminal Case No. 15495/2021 arising out of Case Crime No. 83/2019 under Sections 279, 337, 427 of IPC, at P.S. Ghazipur, District Lucknow, shall remain stayed so far as the applicant is 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. September 23, 2025 Mohd. Sharif A482 No. 8040 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench