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2025 DAILYLAW 177640 (ALL)

PRAKASH VEER YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

CRLA/3798/2025 · 2025-11-25

Ram Manohar Narayan Mishra

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 3798 of 2025 Court No. - 27 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard Shri Mahesh Singh Yadav, learned counsel for the appellant, learned AGA for the state respondent no.1 and Shri Avanish Kumar Azad, learned counsel appearing for the respondent no.2 and peruse the record. 2. The instant appeal has been filed with the prayer to set aside the cognizance order dated 15.07.2023 and chargesheet dated 16.04.2023 alongwith entire criminal proceedings of S.T. No. 2046 of 2023 arising out of Case Crime No.0057 of 2023, under Sections-323, 353, 504 & 506 I.P.C and section-3(1)(da) & 3(1)(dha) of SC/ST Act, Police Station- Chowk, District-Lucknow pending before learned Special Judge, SC/ST Act, Lucknow, in the interest of justice. 3. Learned counsel appearing for the appellant submits that the appellant is innocent and has falsely been implicated in the instant case. He next added that under some misunderstanding, the instant F.I.R. has been lodged against the appellant and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 23.08.2025, which has been annexed as annexure no. 2 to the instant appeal. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the appellant will be futile exercise as there is no fate of trial and that will amount to harassment of the appellant and thus, the criminal proceedings against the appellant may be quashed. Versus Counsel for Appellant(s) : Mahesh Singh Yadav, Shivam Shukla Counsel for Respondent(s) : G.A. Prakash Veer Yadav .....Appellant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Respondent(s) 4. Learned counsel for the appellant further submitted that this Court vide order dated 19.09.2025 passed in Criminal Appeal No.3048 of 2025 has passed the following order. The relevant paragraphs 10 to 14 are quoted as under:- 10. Accordingly, this appeal 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. 11. 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 appellant to approach this Court again for quashing of the proceedings. 12. For a period of three months, the proceedings initiated in pursuance of S.T. No. 2046 of 2023 arising out of Case Crime No.0057 of 2023, Under Sections-323, 353, 504 & 506 I.P.C and section-3(1)(da) & 3(1)(dha) of SC/ST Act, Police Station- Chowk, District-Lucknow, shall remain stayed so far as appellant is concerned. 13. 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 this respect, it shall also sent a report along with the verification order. 14. Office is directed to return the original compromise deed to the learned counsel for the appellant, if any, after taking the photocopy of the same. 5. Learned counsel for the appellant submitted that in pursuance of order dated 19.09.2025 passed in earlier Criminal Appeal No.3048 of 2025 preferred with same prayer, learned court below passed an order dated 13.10.2025, a copy of thereof has been filed as Annexure-4 to the CRLA No. 3798 of 2025 2 affidavit whereby the compromise filed by the parties has been verified and accepted in presence of the parties. 6. Learned counsel for the appellant and learned counsel for the respondent no.2 made a joint prayer to dismiss the case pending before the court below in terms of the compromise which has been duly verified by the court below on instruction of this Court in earlier appeal as stated above. 7. Learned AGA has no objection regarding the prayer made by the learned counsel for both the parties in this regard. 8. Consequently, the entire proceedings of S.T. No. 2046 of 2023 arising out of Case Crime No.0057 of 2023, under Sections-323, 353, 504 & 506 I.P.C and section-3(1)(da) & 3(1)(dha) of SC/ST Act, Police Station- Chowk, District-Lucknow pending before learned Special Judge, SC/ST Act, Lucknow, are hereby quashed in terms compromise as aforesaid.. 9. The criminal appeal is allowed accordingly. November 25, 2025 KR CRLA No. 3798 of 2025 3 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench