Chandra Kishore Trivedi and 4 Others Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Neutral Citation No. - 2025:AHC-LKO:28773

Court No. - 29

Case :- APPLICATION U/S 482 No. - 4078 of 2025

Applicant :- Chandra Kishore Trivedi And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Syed Mohammad Abuzar Zaidi Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Sri Syed Husain Mehdi, Advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2 which is taken on record.

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Heard learned counsel for the applicants, Sri Syed Husain Mehdi, learned counsel for opposite party no. 2 and learned AGA for the State as well as perused the record.

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The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the proceedings of Criminal Case No. 119037 of 2022, arising out of Chargesheet No. 03 of 2014, dated 04.01.2014, filed in Case Crime No. 0232 of 2013, under Sections 147/323/325 IPC, Police Station Nigoha, District Lucknow, pending before Additional Chief Judicial Magistrate-Ist, Lucknow as well as summoning order dated 07.12.2022.

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Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the instant case. He next added that due to some misunderstanding, the instant F.I.R. has been lodged against the applicants and thereafter, the parties have amicably compromised their dispute. The compromise deed has been reduced in writing on 24.04.2025, which has been annexed at page no. 33 of the instant application. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicants are the futile exercise as there is no fate of trial and that is amount to harassment of the applicants and thus, the criminal proceedings against the applicants may be quashed.

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On the other hand, learned counsel appearing for the opposite party no. 2 has supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably through a

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compromise deed and there is no further grievance of the opposite party no. 2 against the present applicants and the criminal proceedings against the applicants may be dropped.

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Learned AGA appearing for the State has no objection to the contentions aforesaid.

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Now whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below as such compromise has to be duly verified in presence of the parties before the court concerned.

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Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record.

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The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings.

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For a period of three month, the proceedings initiated in pursuance of Criminal Case No. 119037 of 2022, arising out of Chargesheet No. 03 of 2014, dated 04.01.2014, filed in Case Crime No. 0232 of 2013, under Sections 147/323/325 IPC, Police Station Nigoha, District Lucknow, pending before Additional Chief Judicial Magistrate-Ist, Lucknow as well as summoning order dated 07.12.2022, shall remain stayed, so far as the present applicants are concerned.

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The trial court is further directed for ensuring the fact that all the parties against whom the chargesheet was filed are present before the trial court and a report with respect to this effect shall also be sent alongwith verification order.

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Office is directed to return back the original compromise deed dated 24.04.2025 to learned counsel for the applicants within a week.

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Order Date :- 15.5.2025 kkv/

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

Chandra Kishore Trivedi and 4 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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Chandra Kishore Trivedi and 4 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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