Disposed

Shivansh Pratap Singh and Another v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Allahabad HC18 Apr 2025A482/3304/2025

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC seeking quashing of proceedings based on a compromise, the Court disposed of the matter by directing the parties to file and verify the compromise deed before the Trial Court within four weeks and staying coercive action for eight weeks.

What did the court decide?

Direction to file compromise before Trial Court within 4 weeks; stay of coercive action for 8 weeks; permission to reapply for quashing after verification.

Shivansh Pratap Singh and Another Vs State of… — Writ and Judicial Review | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC-LKO:22160

¶2

Court No. - 19

¶3

Case :- APPLICATION U/S 482 No. - 3304 of 2025

¶4

Applicant :- Shivansh Pratap Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Ashutosh Singh Counsel for Opposite Party :- G.A.

¶5

Hon'ble Saral Srivastava,J.

¶6

1.Vakalatnama filed by Sri Satyendra Nath Mishra, Advocate on behalf of respondent no.2, is taken on record.

¶7

Heard learned counsel for the parties and perused the material available on record.

¶8

The instant application has been filed seeking the following main reliefs:-

¶9

"Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash and set aside the impugned charge sheet dated 01/12/2023 and summoning order dated 222/03/2024 along with other consequential proceedings pending before learned Chief Judicial Magistrate Room No.16, Sultanpur, in Criminal Misc. Case No.6724/2024 "State Vs. Shivansh Singh & others", in FIR No.1051/2023 U/S 34, 323, 504, 506 IPC, P.S. Kotwali Nagar, District Sultanpur on the basis of compromise contained in Annexure 1 and 2 to this petition."

¶10

It is submitted 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 application for disposal. 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.

¶11

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.

¶12

Considering the aforesaid, this application is disposed off finally in following terms:-

¶13

(i) The parties to the proceedings in issue shall appear and file the compromise before the concerned Court within four weeks

¶14

from today.

¶15

(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.

¶16

(iii) The concerned Court shall conclude the process of verification of compromise within two weeks from the date of production of copy of this order.

¶17

(iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed.

¶18

(v) It shall be open to the applicants to approach this Court again for quashing of the proceedings.

¶19

(vi) Office is directed to provide original compromise, if any, to the counsel for the applicants, after retaining its photocopy on record. It is for the purposes for its verification by the concerned Court.

¶20

(vii) For a period of eight weeks, no coercive action shall be taken against the applicants in the aforesaid case.

¶21

Order Date :- 18.4.2025 Mohit

¶22

Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad, Lucknow Bench

Shivansh Pratap Singh and Another v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Case brief

What is this about?

What did the court decide?

Shivansh Pratap Singh and Another v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Durga Prasad and Anr. Vs State of U.P. and Anr.

Rekha Devi Vs the State of U.P and Anr.

Baljindar Kaur and Ors. Vs State of U.P. Thru. Secy. Home Civil Sectt. U.P. Lko and Anr.

Paresh Ranjeet Nagandhi Vs the State of U.P. Thru. Prin. Secy. Ministry of Home, Lko. and Another

Om Prakash @ Om Prakash Sahu and Another Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and 2 Others

Archana Singh and Another Vs State of U.P. Thru. the Prin. Secy. Deptt. of Home Civil Sectt. Lko. and Another