RAM PRAKASH @ RAM PRAKASH TIWARI AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. (HOME) LKO. AND 3 OTHERS
A482/8381/2025 · 2025-09-26
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 167254 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167254 (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. - 8381 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Sri Dinesh Kumar Bharti, Advocate has put in appearance by filing Vakalatnama on behalf of the opposite parties no.2 to 4 and the same is taken on record. Heard learned counsel for the applicants, learned A.G.A. for the State, Sri Dinesh Kumar Bharti, learned counsel for the opposite parties no. 2 to 4 and perused the record. By means of the instant application, the applicants have prayed for quashing of the entire proceedings arising out of Charge-Sheet No. 101/2021 dated 01.04.2021, under sections - 427, 323, 504, 506 I.P.C.. Police Station-Ram Sanehi Ghat, District - Barabanki, as well as all consequential proceedings, pending before the learned Judicial Magistrate, Court No.27, Barabanki, in Case No. 1252/2021, 'State Vs Ram Prakash Tiwari & others', arising out of Case Crime No. 0079/2021, 'State Vs Ram Prakash Tiwari & others' on the basis of compromise dated 22.08.2025, which has been duly verified by the Learned Chief Judicial Magistrate, Court No.11, Barabanki vide order dated 15.09.2025. Learned counsel appearing for the applicants submits that the matter pertains to the matrimonial dispute and due to some misunderstanding the instant FIR was lodged and thereafter the parties were sit together and they have settled their dispute and that too has been reduced in writing as a compromise deed dated
22.08.2025. Adding her arguments, she submits that now the parties have put their all disputes at rest by way of executing Versus Counsel for Applicant(s) : Nisha Srivastava Counsel for Opposite Party(s) : G.A., Dinesh Kumar Bharti Ram Prakash @ Ram Prakash Tiwari And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) Lko. And 3 Others .....Opposite Party(s)
compromise deed and thus further criminal proceedings against the present applicants would be a futile exercise and amount to harassment of the applicants. Adding her arguments, she also submits that this Hon'ble Court vide order dated 09.09.2025 has referred the matter for compromise verification in Application U/S 482 Cr.P.C. No. 7578 of 2025 and in compliance of the aforesaid order, both the parties have appeared before the court below and the compromise deed dated 22.08.2025 has been verified in presence of all concerned parties and the order of verification was passed on 15.09.2025 by the learned Additional Chief Judicial Magistrate, Court No.11, Barabanki.
She next added that now the matter has been compromised between the parties, and as such the proceedings of Criminal Case No.1252 of 2021 (State versus Ram Prakash Tiwari & others) arising out of Case Crime No. 79 of 2021, under sections - 427, 323, 504, 506 I.P.C., Police Station-Ram Sanehi Ghat, District - Barabanki, may be quashed. On the other hand, learned counsel for the opposite parties no.2 to 4 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 22.08.2025 and said compromise has been verified on 15.09.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned State versus Ram Prakash Tiwari and others, arising out of aforementioned Case Crime No.79 of 2021. In view of the above, as the applicants and opposite parties have entered into compromise on 22.08.2025 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 A482 No. 8381 of 2025 2
Narindra Singh and others Vs. State of Punjab ( 2014) 6 SCC
466.
Resultantly, criminal proceedings arising out of Case Crime No. 79 of 2021, under sections - 427, 323, 504, 506 I.P.C., Police Station- Ram Sanehi Ghat, District - Barabanki, are hereby quashed. The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly. September 26, 2025 AKS A482 No. 8381 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench