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2025 DAILYLAW 201853 (ALL)

AMIT KUMAR @ AMIT SAHU AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/8774/2025 · 2025-10-16

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8774 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Vakalatnama filed by Shri Kashi Ram, Advocate on behalf of respondent no. 2 is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State and learned counsel appearing for respondent no. 2. 3. This application has been filed for quashing the charge sheet dated 16.02.2024 as well as entire proceedings of S.T. No. 659 of 2024 arising out of F.I.R. No. 296 of 2023, under Sections 498-A, 304-B I.P.C. and Section 3/4 of D.P. Act, P.S. Rampur Kalan, District Sitapur. 4. Learned counsel for the applicants submits that the F.I.R. No. 296 of 2023 was lodged on the basis of incorrect facts. It is vehemently submitted by the learned counsel for the applicants that the parent of deceased were examined before the trial court as P.W. 1 and P.W. 2 and they have already been declared as hostile, as they categorically denied the prosecution story. It is also submitted that the issue has been resolved in between the parties outside the court by way of settlement agreement on 17.07.2025. It is, thus, submitted that the impugned proceedings may be quashed . 5. Learned counsel appearing for respondent no. 2 also supports Versus Counsel for Applicant(s) : Prem Chandra Chauhan Counsel for Opposite Party(s) : G.A. Amit Kumar @ Amit Sahu And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) the submissions advanced by the learned counsel for the applicants. 6. On the other hand, learned A.G.A. vehemently opposes the prayer of the applicants and submits that once the case is pending before the trial court and all the witnesses have already been examined, then it is not appropriate to interfere in the matter at this stage. 7. Considering the arguments advanced by the learned counsel for the applicants, learned A.G.A., learned counsel for respondent no. 2 and going through the contents of the application, F.I.R. as well as other relevant documents, it is the admitted case of the applicants as well as respondent no. 2 that parent of the deceased have not supported the prosecution version before the trial court. 8. In view of above facts and circumstances, the trial court is directed to conclude the proceedings expeditiously without giving any unnecessary adjournments to either of the parties, if possible, within a period of six months. 9. With the aforesaid observation/direction, the application stands disposed of. October 16, 2025 VKS A482 No. 8774 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench