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2025 DAILYLAW 167688 (ALL)

RANVIJAY KUMAR GAUTAM AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 2 OTHERS

A482/8441/2025 · 2025-09-26

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8441 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Vakalatnama filed by Sri Shivendra Kumar Srivastava, learned counsel on behalf of the opposite party nos.2 and 3 is taken on record. Heard learned counsel for the applicants, learned counsel for opposite party nos.2 and 3, learned A.G.A. for the State and perused the record. The instant application under Section 482 Cr.P.C. has been filed seeking following prayers. "i. Quash the Impugned Cognizance & Summoning order dated 13.01.2022, passed by Learned Court of Additional Chief Judicial Magistrate 6, Lucknow, whereby applicants were summoned under Section 323, 504, 506 L.P.C. ii. Quash the charge-sheet, dated 17.01.2021 submitted before the Learned Court of Additional Chief Judicial Magistrate 6, Lucknow bearing Charge-sheet No.1 arising out of Case Crime No. 0278 of 2020 registered at Police Station- Talkatora, District Lucknow may kindly be quashed. contained in Annexure No. A-3 to this Application. iii. Quash the entire proceedings of Criminal Case No. 60/2022, titled as 'State of U.P. Vs Ranvijay Kumar Gautam and Others' pending in the Learned Court of Additional Chief Judicial Magistrate 6, Lucknow." 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 compromised their dispute. The compromise deed has been reduced in writing on 22.9.2025, which has been annexed as annexure no.6 to the instant application. He next added that now there is no grievance in Versus Counsel for Applicant(s) : Anuj Kumar Awasthi Counsel for Opposite Party(s) : G.A. Ranvijay Kumar Gautam And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And 2 Others .....Opposite Party(s) 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. 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. Learned A.G.A. appearing for the State has no objection to the contentions aforesaid. 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. 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. 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. For a period of three months, the proceedings initiated in pursuance of the Criminal Case No. 60/2022 arising out of Case Crime No. 0278 of 2020 under Section 323, 504, 506 I.P.C. registered at Police Station- Talkatora, District Lucknow, shall remain stayed so far as applicants are concerned. September 26, 2025 Ram Murti A482 No. 8441 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench