Raj Pratap Singh Vs State of U.P. Thru. Secy. Deptt. of Home Lko. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 7182 of 2025

Raj Pratap Singh

.....Applicant(s)

Versus

State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Akash Tiwari, Arpit Dwivedi, Subhash Pandey Counsel for Opposite Party(s) : G.A., Shivam Srivastava, Vikas Yadav

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Court No. - 14

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HON'BLE SHREE PRAKASH SINGH, J.

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Sri Shivam Srivastava,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 applicant, Sri Shivam Srivastava, 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 of the B.N.S.S.,2023 has been filed with the prayer to quash/set aside the impugned summoning order dated 21/01/2023 passed by learned Civil Judge, Junior Division, Fast track Court/Judicial Magistrate, Ambedkar Nagar and chargesheet no.01/2019 dated 06/05/2021 arising out of criminal case No. 9012/2023 (State Vs. Raj Pratap Singh) relating to bearing Case Crime No. 160/2019, Under section 507, I.P.C. registered at Police Station - Bhiti, District - Ambedkar Nagar on the basis of compromise dated 11.08.2025, and the entire criminal proceeding Case No. 9012/2023 (State Vs. Raj Pratap Singh) bearing Case Crime No. 160/2019, Under section 507 I.P.C. registered at Police Station - Bhiti, District - Ambedkar Nagar on the basis of compromise dated 11.08.2025.

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Learned counsel appearing for the applicant submits that the applicant is innocent and has 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 applicant and thereafter, the parties have amicably compromised their dispute. The

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A482 No. 7182 of 2025

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compromise deed has been reduced in writing on 11-08-2025, 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 applicant are the futile exercise as there is no fate of trial and that is amount to harassment of the applicant and thus, the criminal proceedings against the applicant 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 compromise deed and there is no further grievance of the opposite parties against the present applicant 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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For a period of three months, the proceedings arising out of Case Crime No. 160/2019, Under section 507 I.P.C. registered at Police Station - Bhiti, District - Ambedkar Nagar,shall remain stayed so far as present applicant is 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

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sent alongwith verification order.

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Office is directed to return the copy of original compromise deed to learned counsel for the applicants within a week.

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(Shree Prakash Singh,J.)

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August 29, 2025