AMITABH KUMAR PANDEY, AND OTHERS v. STATE OF U.P THRU. ITS PRIN. SECY. HOME GOVT. CIVIL SECRT. LKO. AND OTHERS
A482/10486/2023 · 2025-08-27
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166801 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166801 (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. - 10486 of 2023 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard Sri Ashish Kumar Maurya, learned counsel for the applicants, Sri Raghvendra Singh,learned counsel for the opposite party no. 3,learned A.G.A. for the State and perused the record. By means of the instant application, the applicants have prayed for setting aside the entire proceedings of Sessions Trial No. 2265/2006 (State Versus Amitabh Kumar Pandey and others) arising out of impugned charge-sheet dated 28.06.2006 filed in Case Crime No. 327A/2005, Under Section-147, 148, 149, 307, 323, 506 I.P.C., Police Station-Kotwali Nagar, District-Raebareli and impugned summoning order dated 03.07.2006 passed by the court of learned Chief Judicial Magistrate, Room No. 09, Raebareli. as contained in Annexure No. 1 & 2 respectively t the affidavit.
Learned counsel appearing for the applicants submits that due to some misunderstanding the instant FIR was lodged and thereafter, the parties sat together and they have settled their dispute and that too, has been reduced in writing as a compromise deed dated
10.04.2025. Adding his arguments, he submits that now the parties have put their all disputes at rest by way of executing compromise deed and thus further criminal proceedings against the present applicants would be a futile exercise and amount to harassment of the applicants. Adding his arguments, he also submits that this Hon'ble Court vide
order dated 09.05.2025 has referred the matter for compromise verification in Application U/S 482 Cr.P.C. No. 10486 of 2023 and Versus Counsel for Applicant(s) : Shishir Pradhan, Ashish Kumar Maurya, Nagendra Mohan, Suyesh Pradhan Counsel for Opposite Party(s) : G.A., Raghvendra Singh Amitabh Kumar Pandey, And Others .....Applicant(s) State Of U.P Thru. Its Prin. Secy. Home Govt. Civil Secrt. Lko. And Others .....Opposite Party(s)
in compliance of the aforesaid order, both the parties have appeared before the court below and the compromise deed dated 10.04.2025 has been verified in presence of all concerned parties and the order of verification was passed on 19.05.2025 by the learned Sessions Judge, Raebareli. He next added that now the matter has been compromised in between the parties, and as such the proceedings of Case Crime No. 327A/2005, Under Section- 147, 148, 149, 307, 323, 506 I.P.C., Police Station-Kotwali Nagar, District-Raebareli, may be quashed. On the other hand, learned counsel for the opposite party no. 3 has also supported the version of the applicants and submits that the parties have entered into compromise deed and now there is no dispute in between the parties and thus the criminal proceeding against the applicant may be dropped. On the other hand, learned AGA appearing for the State has no objection to the contentions aforesaid. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 10.04.2025 and said compromise has been verified on 19.05.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned case, arising out of aforementioned Case Crime No. 327A/2005. In view of the above, as the applicants and opposite parties have entered into compromise on 10.04.2025 and no grievance remains to be agitated and as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgements of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003)4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation[2008)9 SCC 677]; Manoj Sharma Vs. State and others ( 2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC
466.
Resultantly, the proceedings of Case Crime No. 327A/2005, Under Section-147, 148, 149, 307, 323, 506 I.P.C., Police Station- Kotwali Nagar, District-Raebareli,are hereby quashed. The compromise deed shall be part of this order. Consequences to be followed. A482 No. 10486 of 2023 2
The application is allowed accordingly. August 27, 2025 AKS A482 No. 10486 of 2023 3 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench