Disposed¶13

Santosh Joshi v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 2 Others

Allahabad HC3 Jul 2025A482/2979/2025

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. application for quashing criminal proceedings under Sections 279/338 IPC based on compromise; Court directs verification of compromise by trial court within one week; proceedings kept in abeyance for two months; liberty to file fresh petition with verification report; Gian Singh v. State of Punjab relied upon.

What did the court decide?

Direction to parties to appear before trial court for verification of compromise dated 28.11.2024 within one week; proceedings kept in abeyance for two months; liberty to file fresh petition for quashing with verification report ¶13

Santosh Joshi Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC-LKO:38229

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Court No. - 30

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Case :- APPLICATION U/S 482 No. - 2979 of 2025

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Applicant :- Santosh Joshi Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 2 Others Counsel for Applicant :- Desh Deepak Singh,Divyanshu Bhatt,Pradeep Pandey,Sachin Tulsi Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash Shukla,J.

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Sri Ashutosh Sachan, Advocate, has put in appearance for opp. party Nos. 2 and 3 by filing his vakalatnama m, which is taken on record.

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Heard learned counsel for the applicant, learned counsel for the opp. party Nos. 2 and 3 and learned A.G.A. for respondent State.

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The present application has been filed by the applicant mainly for setting aside/quashing the charge sheet dated 09.08.2019 as well as the entire criminal proceedings in Case no. 32768 of 2021 (State Vs. Santosh Joshi) which is pending in the court of Additional Chief Judicial Magistrate Fourth, Lucknow in connection with Case Crime No. 278 of 2019 dated 02.08.2019 in Police Station- Vikas Nagar, District- Lucknow, against the Applicant under section 279 and 338 of the Indian Penal Code, 1860. It is further prayed that during the pendency of the instant Petition, this Hon'ble Court may kindly be pleased to stay further proceedings of the criminal proceedings in Case No. 32768 of 2021(State vs Santosh Joshi), pending in the court of the Learned Additional Chief Judicial Magistrate-Fourth, Lucknow.

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Learned counsel for the applicant submits that the dispute between the parties have been amicably settled outside the court by way of compromise. The original copy of the compromise deed dated 28.11.2024 is on record as Annexure- 5 to the application.

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Learned counsel appearing for the opp. party Nos. 2 and 3 does not dispute the above facts rather he concedes the same.

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It is jointly prayed by the parties' counsel that on the basis of compromise, the proceedings impugned are liable to be quashed.

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Learned A.G.A. has no objection, however, he submits that it will be appropriate that compromise is verified first by the competent court and only then any further orders may be passed.

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On due consideration of the arguments advanced by the parties' counsel and perusal of the record and considering the law laid down by Hon'ble Supreme Court of India in the case of Gian Singh vs. State of Punjab, 2012 AIR SCW 5333 , the instant application under Section 482 Cr.P.C. is disposed of directing the parties to appear before the learned trial court for verification of the compromise dated 28.11.2024 Learned trial court shall verify the contents of the compromise in the presence of parties within a period of one week thereafter and provide a copy of verification report to the parties.

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The proceedings impugned (supra) shall be kept in abeyance for the period of two months from today.

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It will be open for the applicants to approach this Court again for quashing of the proceedings by filing a fresh petition along with verification report given by the learned trial court and also the compromise entered between the parties.

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Office is directed to return original copy of the compromise to learned counsel for the applicant after keeping the photocopy of the same on record.

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( Om Prakash Shukla, J. )

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Order Date :- 3.7.2025 A.Nigam

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Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Santosh Joshi v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 2 Others

Case brief

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Santosh Joshi v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 2 Others

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