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2025 DAILYLAW 167731 (ALL)

KRISHNA KUMAR YADAV v. STATE OF UP THRU. PRINCIPAL SECRETARY HOME DEPTT. LKO. AND ANOTHER

A482/8395/2025 · 2025-09-26

Shree Prakash Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8395 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned summoning order dated 07.12.2022 passed by the A.C.J.M. Court no. 27, Lucknow as well as chargesheet bearing no. 01/2021, dated 01.06.2021, in case crime no. 287/2020, Under section - 498 A, 323, 504, 506 IPC & section 3/4 of the D.P.Act, Police Station-Sushant Golf City, District-Lucknow. Learned counsel appearing for the applicant submits that the applicant is innocent and has falsely been implicated in the instant case. He next added that due to some misunderstanding, the instant F.I.R. has been lodged against the applicant and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 05-08-2025, which has been annexed as annexure no. 4 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 applicant 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 applicant may be quashed. Learned A.G.A. appearing for the State has no objection to the contentions aforesaid. Versus Counsel for Applicant(s) : Sandeep Kumar Srivastava, Saurabh Yadav Counsel for Opposite Party(s) : G.A. Krishna Kumar Yadav .....Applicant(s) State Of Up Thru. Principal Secretary Home Deptt. Lko. And Another .....Opposite Party(s) 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 arising out of case crime no. 287/2020, Under section - 498 A, 323, 504, 506 IPC & section 3/4 of the D.P.Act, Police Station-Sushant Golf City, District- Lucknow, shall remain stayed so far as present applicant is concerned. The trial court is further directed for ensuring the fact that all the parties against whom the chargesheet was filed are present before the trial court and a report with respect to this effect shall also be sent alongwith verification order. Office is directed to return the copy of original compromise deed, if any, to learned counsel for the applicant within a week. September 26, 2025 AKS A482 No. 8395 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench