BRIJENDRA NATH MISHRA AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/22913/2021 · 2025-05-07
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42363 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42363 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:74948 Court No. - 73 Case :- APPLICATION U/S 482 No. - 22913 of 2021 Applicant :- Brijendra Nath Mishra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Sahu Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard learned counsel for the parties.
2. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge sheet dated 22.08.2015 as well as the entire proceedings of Case No. 3004 of 2015 arising out of Case Crime No. 26 of 2015, under Sections- 406, 420, 504, 506 I.P.C., Police Station- Fazalganj, District- Kanpur Nagar.
3. This Court on 24.11.2021 proceeded to pass the following orders:
"Shri Om Prakash, advocate has filed short counter affidavit along with his Vakalatnama which is taken on record. Heard learned counsel for the applicants, learned counsel for opposite party no.2 and learned A.G.A. for the State. The present 482 Cr.P.C. application has been filed praying for quashing of charge sheet dated 22.08.2015 as well as the entire proceedings of Case No. 3004 of 2015 arising out of Case Crime No. 26 of 2015, under Sections- 406, 420, 504, 506 I.P.C., Police Station- Fazalganj, District- Kanpur Nagar.
Learned counsel for the applicants submits that since the charge sheet has been issued, the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing.
Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the dispute. Accordingly, it is provided that the parties shall appear before the court below along with a certified/ computerized copy of this order on the next date fixed and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of two months from today. Upon due verification, the court below may pass
appropriate order in that regard and send a report to this Court. List after two months. Till then no coercive measure shall be taken against the applicants."
4. Thereafter on 02.04.2025 proceeded to pass the following orders:
"By virtue of the order dated 24.11.2021 parties were directed to appear before the court below and verification was to be done of the compromise.
Learned counsel for the applicant submits that parties have appeared before the court below and there happens to be an order of verification of the compromise. The order sheet does not contain any recital about the receiving of the verification report. Office is directed to communicate the order to the court below for taking necessary action. Put up this case on 18.04.2025 at 02:00 p.m."
5. On 18.04.2025 proceeded to pass the following orders:
"Post passing of the order dated 02.04.2025, there is an office report dated 18.04.2025 that a communication has been received from Chief Judicial Magistrate, Kanpur Nagar on 17.04.2025 that file is not traceable and further time is accorded to trace the file.
Learned counsel for the applicants has submitted that on 10.06.2024, the compromise has been verified. Be that as it may be, office is directed to communicate the order to the court below. List this case on 08.05.2025 at 2.00 pm in the additional cause list."
6. There is an office report dated 07.05.2025 that a report from Judicial Magistrate has been received.
7. A perusal of the said report shows that on 10.06.2024, the parties have entered into compromise which stood verified the same is apparent from the communication dated 05.05.2025 Judicial Magistrate, Court no. 2, Kanpur Nagar.
8. Learned counsel for the parties do not dispute the fact that the matter stands compromised keeping in view of the judgment of Hon'ble Apex Court in Gian Singh v. State of Punjab and another 2012 (10) SCC 303. The Court does not find it appropriate to further proceed with the matter, since the matter
stands compromised.
9. Accordingly, the present application stands allowed, the proceedings of charge sheet dated 22.08.2015 as well as the entire proceedings of Case No. 3004 of 2015 arising out of Case Crime No. 26 of 2015, under Sections- 406, 420, 504, 506 I.P.C., Police Station- Fazalganj, District- Kanpur Nagar stands quashed as against the applicants.
Order Date :- 8.5.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad