Disposed

Keshari Nandan Tiwari v. State of U.P. and Another

Allahabad HC6 May 2025A482/4069/2025

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. application to quash proceedings in a compoundable offence case where parties settled the dispute out of court. The High Court directed the Chief Judicial Magistrate to verify and decide the compromise application per Section 320 Cr.P.C. within four weeks and barred coercive action meanwhile.

What did the court decide?

No coercive action against applicant until CJM Azamgarh decides the verified compromise application under Section 320 Cr.P.C. within four weeks.

Keshari Nandan Tiwari vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:141128

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 4069 of 2025

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Applicant :- Keshari Nandan Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Singh,Dinesh Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 25.08.2011, cognizance/summoning order dated 09.12.2011 passed by Judicial Magistrate, Azamgarh as well as entire proceedings in Case No.2509 of 2011 (State vs.Keshari Nandan) arising out of Case Crime No.774 of 2011, under sections 323, 504 & 427 I.P.C., Police Station Kaptanganj, District Azamgarh pending in the court of Gram Nayalaya Burdhanpur.

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Learned counsel for the applicant submits that the offence alleged in the FIR is compoundable offence. Both the parties have amicably settled the dispute out of Court and entered into compromise and dispute pending against the applicant be quashed. Learned counsel for the applicant next submits that opposite party no.2 is not interested to pursue the case further against the applicant.

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Learned counsel appearing for the opposite party no.2 has not disputed the facts argued by the applicant and submitted that parties have compromised the matter. Learned AGA has submitted that offence alleged is compoundable under the provision of Section 320 Cr.P.C.

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Considered the arguments of both the parties. Since offence is compoundable, learned Chief Judicial Magistrate, Azamgarh is directed to decide the compromise application of the applicant after verifying the parties in view of provision provided under section 320 Cr.P.C. within a period of four weeks from the date of production of certified copy of this order.

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Till then, no coercive action shall be taken against the applicant in the aforesaid case.

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With the aforesaid observations, present application u/s 482 Cr.P.C. is hereby, disposed off.

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Order Date :- 19.8.2025 SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Keshari Nandan Tiwari v. State of U.P. and Another

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Keshari Nandan Tiwari v. State of U.P. and Another

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