AVINASH GAUTAM @ AVINASH KUMAR @ SONU AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. (HOME) U.P. SACHIVALAYA LKO. AND ANOTHER
A482/8367/2025 · 2025-09-26
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 167697 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167697 (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. - 8367 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Vakalatnama filed by Sri Anuj Kumar Awasthi, learned counsel on behalf of the opposite party no.2 is taken on record. Heard learned counsel for the applicants, learned counsel for opposite party no.2, 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 05.01.2022, passed by Learned Court of Additional Chief Judicial Magistrate 6, Lucknow, whereby applicant no.1 was summoned under Section 147, 352, 504, 506, 427 I.P.C. and applicant no.2 was summoned u/s 147, 352, 504, 506, 427, 452 I.P.C. contained in Annexure No. A-2 to this Application. ii. Quash the charge-sheet, dated 17.01.2021 submitted before the Learned Court of Additional Chief Judicial Magistrate 6, Lucknow bearing Charge-sheet arising out of Case Crime No. 0279 of 2020 registered at Police Station- Talkatora, District Lucknow. contained in Annexure No. A-3 to this Application. iii. Quash the entire proceedings of Criminal Case No. 1748/2022, titled as 'State of U.P. Vs. Manish Gautam @ Monu 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 Versus Counsel for Applicant(s) : Sivendra Kumar Srivastav Counsel for Opposite Party(s) : G.A., Abhishek Tiwari Avinash Gautam @ Avinash Kumar @ Sonu And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) U.P. Sachivalaya Lko. And Another .....Opposite Party(s)
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.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.
It has also been pointed out by the learned counsel for the applicants that there were five accused persons out of which, three died and the copy of their death certificates has also been appended as Annexure No.6 along with the application. He submits that he will place the original copy of the compromise deed by affixing photographs of the applicants before the trial court. 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.
A482 No. 8367 of 2025 2
For a period of three months, the proceedings initiated in pursuance of the Criminal Case No. 1748/2022 arising out of Case Crime No. 0279 of 2020 under Section 147, 352, 504, 506, 427 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. 8367 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench