RAMESH KUSHWAHA @ RAMESH KUMAR KUSHWAHA v. STATE OF U.P. THRU. PRIN. SECY. HOME SECTT. LKO. AND ANOTHER
A482/8477/2025 · 2025-09-26
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168195 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168195 (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. - 8477 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Sri Bhan Bajpai advocate, has put in appearance by way of filing vakalatnama on behalf of opposite party no. 2 and the same is taken on record. 2. Heard learned counsel for the applicants, learned counsel for opposite party no. 2 , learned A.G.A. for the State and perused the record. 3. The instant application has been filed for quashing the entire proceedings of Criminal Case No. 337 of 2016; State Vs. Ramesh Kushwaha; arising out of Charge Sheet dated 10.07.2015 in pursuance of First Information Report No. 141 of 2022, Under Section 323, 504 & 506 IPC relating to Police Station - Indiranagar, District - Lucknow pending before Learned Chief Judicial Magistrate, Court No.32, Lucknow as well as summoning order dated 04.01.2016 passed by Learned Chief Judicial Magistrate, Court No.32, Lucknow, so far as it relates to the applicant. 4. 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 13.9.2025, which has been annexed as annexure no. 4 to the instant application. He next added that now there is no grievance in between the Versus Counsel for Applicant(s) : Prakarsh Pandey, Suyash Bajpai Counsel for Opposite Party(s) : G.A. Ramesh Kushwaha @ Ramesh Kumar Kushwaha .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Sectt. Lko. And Another .....Opposite Party(s)
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. 5. 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. 6. Learned A.G.A. appearing for the State has no objection to the contentions aforesaid. 7.
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. 8. 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. 9. 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. 10. For a period of three months, the proceedings initiated in pursuance of the Criminal Case No. 337 of 2016; State Vs. Ramesh Kushwaha; arising out of Charge Sheet dated 10.07.2015 in pursuance of First Information Report No. 141 of 2022, Under Section 323, 504 & 506 IPC relating to Police Station - Indiranagar, District - Lucknow, shall remain stayed so far as applicants are concerned. 11. The trial Court is directed to examine the fact that whether all the parties against whom the chargesheet was filed, the party in the compromise and in A482 No. 8477 of 2025 2
this respect, it shall also sent a report along with the verification order. 12. The applicant is directed to produce original compromise deed along with application for verification before the trial court. September 26, 2025 Anuj Singh A482 No. 8477 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench