Guddu Alias Balram and 6 Others Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Neutral Citation No. - 2025:AHC-LKO:43892

Court No. - 29

Case :- APPLICATION U/S 482 No. - 6170 of 2025

Applicant :- Guddu Alias Balram And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Shyamji Dixit,Priyanka Rajput Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Shri Amit Kumar Pathak, advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2 and the same is taken on record.

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Heard learned counsel for the applicants, Shri Amit Kumar Pathak, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the record.

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The instant application under Section 482 Cr.P.C./ 528 BNSS has been filed with the following main reliefs:-

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quashed the entire proceeding of Criminal Case No.55654/2018 arising out of case crime no.503/2017, under section 498A, 323, 504 IPC & 3/4 D.P. Act, at P.S.-Bazar Khala, District Lucknow, pending in the A.C.J.M.-IV, Court No.28, Lucknow, as well as charge sheet dated 06.04.2018 along with summoning order dated 24.08.2018, issued against the Applicants, on the basis of compromise dated 15.07.2025, contained as Annexure No.1 & 2 to this Application, in the interest of justice."

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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 under 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 15.07.2025 which has been annexed as annexure no. 4 to 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

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parties has supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably through a compromise deed and there is no further grievance of the opposite parties against the present applicants and the criminal proceedings against the applicants may be dropped.

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Learned A.G.A. 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 concerned before the Court.

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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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10 For a period of three months, the proceedings initiated in pursuance of the Criminal Case No.55654/2018 arising out of case crime no.503/2017, under section 498-A, 323, 504 IPC & 3/4 D.P. Act, at P.S.-Bazar Khala, District Lucknow shall remain stayed so far as applicants are concerned.

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The trial Court is directed to examine the fact that whether all the parties against whom the chargesheet was filed, the party in the compromise and in this respect, it shall also sent a report along with the verification order.

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Office is directed to return the original compromise deed to the learned counsel for the applicants, if any, after taking the photocopy of the same.

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Order Date :- 29.7.2025 Mohd. Sharif

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Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench

Guddu Alias Balram and 6 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

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Guddu Alias Balram and 6 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

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