MOHIT TIWARI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
A482/9867/2025 · 2025-11-21
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 196208 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 196208 (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. - 9867 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Sri Reependra Gupta, Advocate filed Vakalatnama on behalf of opposite party nos.2 & 3, which is taken on record. 2. Heard learned counsel for the applicants, learned counsel for opposite party nos.2 and 3 as well as learned A.G.A. for the State and perused the record. 3. The instant application has been filed mainly with the prayer to quash and set aside the Summoning/Cognizance order dated 27-04-2023 passed by the Judicial Magistrate first Gonda in Criminal Case No- 8897 of 2023 in:re case crime no-0044 of 2022 under section 308, 323, 504 IPC Police Station- Paraspur District- Gonda and also set aside the Charge sheet bearing its No-01/2022 dated 22-05-2022 in:re case crime no-0044 of 2022 under section 308, 323, 504 IPC Police Station- Paraspur District- Gonda and also set aside entire criminal proceeding against applicant on the basis of the compromise as no dispute remains between them to be decided by the Hon'ble Court. 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. 6. Accordingly, this application is disposed of with a direction to the parties concerned to appear before the trial court concerned within 2 weeks from today alongwith original compromise and the trial court is directed to verify the compromise within next 6 weeks. If the aforesaid Versus Counsel for Applicant(s) : Manoj Kumar Tripathi Counsel for Opposite Party(s) : G.A., Reependra Gupta Mohit Tiwari And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s)
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 three 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 it has been filed, to the learned counsel for the applicants, after taking the photocopy of the same. November 21, 2025 A.Nigam A482 No. 9867 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench