AVADHESH SHARMA AND 3 OTHERS v. STATE OF U.P THRU. ITS SECY. HOME DEPTT. LKO. AND ANOTHER
A482/9286/2025 · 2025-11-04
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 183110 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183110 (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. - 9286 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Sri Anamika Singh, Advocate has filed Vakalatnama on behalf of opposite party no.2, which is taken on record. 2. 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. 3. The instant application has been filed with the following prayer:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash and set aside the impugned chargesheet dated 29/01/2024 and summoning order dated 02/04/2024 along with other consequential proceedings currently pending before Learned Chief Judicial Magistrate, Sultanpur, in Criminal Case No. 843/2024, "State. Vs. Avadhesh Sharma and Ors.", arising out of FIR No. 182/2023, under sections 304-A IPC, P.S. Munshiganj, District Amethi, against the Petitioners, as contained in Annexure-1 and 2 to this Petition. To stay the further proceeding pending before Learned Chief Judicial Magistrate, Sultanpur, in Criminal Case No. 843/2024, "State. Vs. Avadhesh Sharma and Ors.", arising out of FIR No. 182 of 2023, under Section 304-A IPC, P.S. Munshiganj, District Amethi, during the pendency of this petition before this Hon'ble court in the interest of justice."
4. Learned counsel for the applicants submits that 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.7 to the application. 5. Whether the parties have, in fact, compromised the matter or not, 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. Versus Counsel for Applicant(s) : Sukh Deo Singh, Paritosh Shukla Counsel for Opposite Party(s) : G.A. Avadhesh Sharma And 3 Others .....Applicant(s) State Of U.P Thru. Its Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
6. 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. 7.
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. 8. For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case. 9. 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 4, 2025 Renu/- A482 No. 9286 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench