RAKESH KUMAR JAISWAL @ RINKU JAISWAL AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
/8200/2025 · 2025-09-23
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166480 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166480 (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. - 8200 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Sri Mahendra Tiwari, advocate, has put in appearance by way of filing vakalatnama on behalf of opposite party no. 2 and the same is taken on record. 2. Heard learned counsel for the applicants, Sri Mahendra Tiwari, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the record. 3. The instant application has been filed with the following reliefs:-
"I. To quash and set aside Summoning and Cognizance Order dated 21.07.2025 passed by the Court of Additional Chief Judicial Magistrate/ Civil Judge (S.D.), Balrampur. II. To quash and set aside Chargesheet No. 2/2024 dated 31.12.2024, P.S.- Maharajganj Tarai. District-Balrampur. III. And To quash and set aside complete proceedings of Case No. 228/2025; State versus Sumit Jaiswal and others; arising out of FIR No. 76/2024 under sections 323, 504, 506, 452, 427 I.P.C., Police Station- Maharajganj Tarai, District-Balrampur."
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 instant F.I.R. has been lodged against the applicants and thereafter, the parties have amicably settled their Versus Counsel for Applicant(s) : Prashant Tiwari, Hariom Divedi, Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Rakesh Kumar Jaiswal @ Rinku Jaiswal And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
dispute. The compromise deed has been reduced in writing on 17.09.2025 which has been annexed as annexure no. 5 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. 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 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. 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 trial court 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 Case No. 228/2025; State versus Sumit Jaiswal and others; arising out of FIR No. 76/2024 under sections 323, 504, 506, 452, 427 I.P.C., Police Station- Maharajganj Tarai, District-Balrampur 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. A482 No. 8200 of 2025 2
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 23, 2025 Mayank A482 No. 8200 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench