TINKU TIWARI @ RAHUL AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER
A482/9014/2025 · 2025-10-17
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 197564 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 197564 (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. - 9014 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Heard. 2. Instant application has been preferred by the applicant(s) for the following main relief(s):-
"A. To, quash the impugned Charge Sheet dated 05.03.2020 (Annexure No. 1) filed in Case Crime No. 804 of 2019 under section 498-A, 323, 504, 506 of IPC and section 3/4 D.P. Act lodged at Police Station - Para, District - Lucknow, in relation to the Petitioners only. B. To, quash the entire criminal proceedings as well as the impugned Cognizance order dated 03.01.2022 (Annexure No. 2) passed by the learned Additional Chief Judicial Magistrate, Court No. 5, District - Lucknow in Criminal Case No. 66/2022 (State vs. Rahul and others) pending before the learned Additional Chief Judicial Magistrate, Court No. 05, District- Lucknow, arising out of Case Crime No. 804 of 2023 under section 498-A, 323, 504, 506 IPC and section 3/4 D.P. Act lodge at Police Station Para, District Lucknow, against the Petitioners only."
3. It is stated that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No. 4 to the present application. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed. 4. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court as such compromise has to be duly verified in presence of the parties concerned before the Court. Versus Counsel for Applicant(s) : Suresh Kumar Yadav, Poonam Counsel for Opposite Party(s) : G.A. Tinku Tiwari @ Rahul And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Opposite Party(s)
5. Considering the aforesaid, this application is disposed of finally in following terms:- (i) The parties to the proceedings in issue shall appear and file the compromise before the concerned court within four week's from today.
(ii) If the parties appear before the concerned court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record. (iii) The concerned court shall conclude the process of verification of compromise within two week's from the date of production of copy of this order. (iv) The concerned court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed. (v) It shall be open to the applicant(s) to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise, if any, to the counsel for the applicant(s), after retaining its photocopy on record. It is for the purposes for its verification by the concerned court. (vii) For a period of eight weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case. October 17, 2025 Arun/- A482 No. 9014 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench