M.M. TIWARI AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO AND ANOTHER
/5024/2024 · 2025-11-27
body2025
DailyLaw.ai
[ 2025 DAILYLAW 177744 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177744 (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. - 5024 of 2024 Court No. - 33 HON'BLE MRS. BABITA RANI, J.
1. Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record. 2. The instant application has been filed praying for quashing of the proceedings of Crl. Case No.13534 of 2024 (State vs. Bhanu Pratap Tiwari & Others) arising out of impugned charge sheet dated 27.08.2023 bearing No.1 of 2023 filed in Case Crime No.0388 of 2022, under Sections 498-A, 323, 504 & 506 I.P.C. and Sections 3/4 of D.P. Act, Police Station Madiyaon, District Lucknow so far as it relates to the applicants as well as the summoning order dated 16.02.2024 passed by the learned Judicial Magistrate-III, Lucknow in the aforesaid criminal case. 3. Learned counsel for the applicants submits that initially this Court, vide order dated 30.05.2024, had sent the matter to the Mediation Centre of this Court, however, no settlement was arrived at between the parties as indicated in the mediation report dated 27.09.2024. Thereafter, both the parties have amicably compromised their dispute. The compromise which has taken place between the parties is also filed before this Court as Annexure No.1 to the supplementary affidavit dated 10.10.2025. 4. Whether the parties have, in fact, compromised the matter or not, Versus Counsel for Applicant(s) : Ajay Pratap Singh, Ashutosh Singh Counsel for Opposite Party(s) : G.A., Ram Prakash Singh M.M. Tiwari And Another .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And Another .....Opposite Party(s)
can best be ascertained by the trial court concerned as such compromise has to be duly verified in presence of the parties concerned before the Court. 5. Accordingly, this application is disposed of with a direction to the trial 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. 6.
The court concerned 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. 7. For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case. 8. Office is directed to return the original compromise deed, if any, to the learned counsel for the applicants, after taking the photocopy of the same. November 27, 2025 S. Shivhare A482 No. 5024 of 2024 2 (Mrs. Babita Rani,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench