Disposed

Shiv Sagar @ Pujari and 4 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC19 May 2025A482/4138/2025

Case brief

AI extract

What is this about?

Applicants sought quashing of a pending complaint case alleging offences of cheating and forgery on the ground of an amicable compromise between the parties. The High Court did not quash the proceedings; it directed the parties to appear before the trial court for verification of the compromise deed and granted interim protection from coercive measures.

What did the court decide?

Directions for compromise verification before the trial court; no coercive measures for two months or till verification, whichever earlier.

Shiv Sagar @ Pujari and 4 Others Vs State of U.P. Thru… — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:29409

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 4138 of 2025

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Applicant :- Shiv Sagar @ Pujari And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Deo Raj Singh Counsel for Opposite Party :- G.A.

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Hon'ble Alok Mathur,J.

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Mr. Rajesh Kumar Anand, Advocate has filed Vakalatnama on behalf of opposite party no. 2 today in Court is taken on record.

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Heard learned counsel for applicants, learned A.G.A. for the State and Mr. Rajesh Kumar Anand, learned counsel for opposite party no. 2 and perused the material available on record.

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By means of this application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.), the applicants have challenged the entire proceedings of Complaint Case No. 1827 of 2021 (Shiv Bhagwan and another Vs. Shiv Sagar alias Pujari and others), under Sections 419, 420, 467 and 471 IPC Police Station Mitauli, District Lakhimpur Kheri pending in the court of learned Additional Civil Judge (Junior Division)/Judicial Magistrate Court No.1, Lakhimpur Kheri.

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Learned counsel for applicants submits that since the parties have amicably settled the dispute and nothing has remained between the parties, thus, the proceedings pending before the court below pertaining to the instant case is nothing but the abuse of the process of law and the same be quashed.

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

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Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below, before which, the case is pending. Therefore, the compromise has to be duly verified in presence of the parties concerned before the court below itself.

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Accordingly, this application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 is disposed of with direction to the parties to appear before the court below along

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with a certified copy of this order on 07.07.2025 and be permitted to file an application for verification of the original compromise document. If the aforesaid compromise is verified, a report to that effect shall be prepared by the trial court and the compromise will be made part of the record. 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 two months from today or till verification of the compromise by the trial court, whichever is earlier, no coercive measure shall be taken against the applicants in pursuance of proceedings of Complaint Case No. 1827 of 2021 (Shiv Bhagwan and another Vs. Shiv Sagar alias Pujari and others), under Sections 419, 420, 467 and 471 IPC Police Station Mitauli, District Lakhimpur Kheri pending in the court of learned Additional Civil Judge (Junior Division)/Judicial Magistrate Court No.1, Lakhimpur Kheri.

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Office is directed to return the original compromise deed to learned counsel for applicants after taking photocopy of the same on record.

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(Alok Mathur, J.)

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Order Date :- 19.5.2025 Virendra

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

Shiv Sagar @ Pujari and 4 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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Shiv Sagar @ Pujari and 4 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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