RAKESH MITTAL v. STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/9095/2025 · 2025-10-30
Pramod Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 183748 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183748 (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. - 9095 of 2025 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Vakalatnama filed today by Sri Srees Kumar Srivastava, Advocate on behalf of opposite party no. 2 is taken on record. Heard learned counsel for the applicants and learned counsel appearing for opposite party no. 2 and learned AGA for the State as well as perused the record. The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet dated 23.06.2018 and summoning order dated 18.07.2018 passed by court of Judicial Magistrate, Lucknow in Case No. 44386 of 2018, pending in the court of learned Civil Judge (J.D.) FTC/Crime Against Woman, Lucknow: State Vs. Rakesh Mittal, arsing out of Case Crime No. 0059 of 2018, under Sections 498A, 323, 504, 506 I.P.C. and Section ¾ Dowry Prohibition Act, Police Station Mahila, District Lucknow. 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 due to some misunderstanding, the instant FIR has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 06.09.2025, 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 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. On the other hand, learned counsel appearing for the opposite party no. 2 Versus Counsel for Applicant(s) : Anand Mishra, Amit Tewari Counsel for Opposite Party(s) : G.A. Rakesh Mittal .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s)
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. Learned AGA appearing for the State has no objection to the contentions aforesaid.
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 deed, requiring their personal presence and, thereafter, proceed to verify the same. 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 initiated in pursuance of Case No. 44386 of 2018, pending in the court of learned Civil Judge (J.D.) FTC/Crime Against Woman, Lucknow: State Vs. Rakesh Mittal, arsing out of Case Crime No. 0059 of 2018, under Sections 498A, 323, 504, 506 I.P.C. and Section ¾ Dowry Prohibition Act, Police Station Mahila, District Lucknow, shall remain stayed, so far as present applicants are concerned. The trial court is further directed for ensuring the fact that all the parties against whom the charge-sheet 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 back the original compromise deed dated 06.09.2025 to learned counsel for the applicants within a week. October 30, 2025 Arvind A482 No. 9095 of 2025 2 (Pramod Kumar Srivastava,J.) Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench