Triloki Lal Srivastava and 7 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Triloki Lal Srivastava and 7 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of without immediate quashing: parties to appear before trial court with certified copy of this order for verification of the compromise within four weeks; applicant free to file a fresh S.482 application at that stage; no coercive measures against applicants for six weeks.

Issue for consideration

Whether the summoning order dated 24.11.2011, the charge sheet dated 29.11.2007 and the entire proceedings of Criminal Case No.1317 of 2007 (arising out of Case Crime No.166 of 2007, Sections 147, 325, 323, 504, 506 IPC, Police Station shahabganj, District Chakia, Chandauli, pending before Judicial Magistrate, Chakia, Chandauli) should be quashed under Section 482 Cr.P.C. +1 more

Court's answer

This Court disposed of the present 482 Cr.P.C. application rather than quashing the summoning order, charge sheet or proceedings.

Ratio / Principle

The parties shall appear before the court below along with a certified copy of this order on the next date fixed; the trial court is expected to fix a date for verification of the parties and of the compromise entered into between them and pass an appropriate order to that effect within next four weeks.

Key takeaways

It shall be open to the applicant to file a fresh application U/S 482 at that stage (after trial-court verification of the compromise) for the relief sought herein.ratio¶11
For a period of six weeks, no coercive measure shall be taken against the applicants.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 84), Judge Deepak Verma — Application U/S 482 No. 32717 of 2024, order dated 20.5.2025 (Neutral Citation 2025:AHC:84376). Applicants (Triloki Lal Srivastava and 7 others) sought quashing of the summoning order dated 24.11.2011, the charge sheet dated 29.11.2007 and the entire proceedings of Criminal Case No. 1317 of 2007 (arising out of Case Crime No. 166 of 2007, under Sections 147, 325, 323, 504, 506 IPC, Police Station shahabganj, District Chakia, Chandauli) pending before Judicial Magistrate, Chakia, Chandauli. Counsel for the applicants contended that the applicants and opposite party No. 2 had amicably settled their dispute out of court and entered into a compromise, the deed being annexed as Annexure- SA-1 to the supplementary affidavit; counsel for opposite party no. 2 did not dispute the correctness of the facts. The Court did not quash anything: it disposed of the application, providing that the parties appear before the court below with a certified copy of the order, expecting the trial court to fix a date for verification of the parties and the compromise and pass an appropriate order within four weeks, leaving the applicant free to file a fresh application U/S 482 at that stage, and directing that for six weeks no coercive measure be taken against the applicants.

Neutral Citation No. - 2025:AHC:84376

Court No. - 84

Case :- APPLICATION U/S 482 No. - 32717 of 2024

Applicant :- Triloki Lal Srivastava And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- Sudhanshu Kumar,G.A.

Hon'ble Deepak Verma,J.

Supplementary affidavit filed today is taken on record.

Heard learned counsel for the applicants; learned counsel for the opposite party no.2 and learned A.G.A. for the State and perused the record.

The present 482 Cr.P.C. application has been filed to quash the summoning order dated 24.11.2011; charge sheet dated 29.11.2007 as well as entire proceedings of Criminal Case No.1317 of 2007, arising out of Case Crime No.166 of 2007, under Sections 147, 325, 323, 504, 506 IPC, Police Station shahabganj, District Chakia, Chandauli, pending before the court of Judicial Magistrate, Chakia, Chandauli.

It has been contended by learned counsel for the applicants that the applicants and opposite party No. 2 have amicably settled their dispute out of court and entered into a compromise. A copy of the compromise deed entered into between the parties has been annexed as Annexure- SA-1 to the supplementary affidavit.

Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the facts.

Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed. It is therefore expected that the trial court may fix a date for the verification of the parties; compromise entered into between the parties and pass an appropriate order to that effect within next four weeks. It shall be open to the applicant to file a fresh application U/S 482 at that stage for the relief sought herein.

In view of the above, the present application is

disposed of.

For a period of six weeks, no coercive measure shall be taken against the applicants.

Order Date :- 20.5.2025 Mini

Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad