Vipin Kumar and Another Vs the State of U.P. Thru. Its Prin. Secy. Home Lko. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 7353 of 2025

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Vipin Kumar And Another

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.....Applicant(s)

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Versus

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The State Of U.P. Thru. Its Prin. Secy. Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Nikhil Dixit Counsel for Opposite Party(s) : G.A., Mohammad Zaheen Siddiqui

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Court No. - 14

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HON'BLE SHREE PRAKASH SINGH, J.

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Sri Mohd. Jishan, Advocate, has put in appearance by way of filing his 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, learned counsel for opposite party no.2, as well as learned A.G.A. for the State and 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 charge-sheet dated 10.12.2022 filed in Case Crime No.0264/2022, under Sections 323, 504, 506 and 182 IPC lodged at Police Station Nigoha, District Lucknow, to quash the cognizance/summoning order dated 14.02.2023 and to quash the entire proceedings of Case No.18671/2023, arising out of the aforesaid case crime number, pending in the Court of learned Additional Chief Judicial Magistrate- I, Lucknow on the ground that the parties have arrived at a settlement/compromise.

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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 21.08.2025, a copy of which has been annexed as Annexure-4 to the instant application. He next added that now there is no grievance in between the

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A482 No. 7353 of 2025

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2

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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 the 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 trial Court as such compromise has to be duly verified in presence of the parties concerned before the trial Court.

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Accordingly, this application is disposed of with a direction to the trial 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 further proceedings, arising out of Case Crime No.0264/2022, under Sections 323, 504, 506 and 182 IPC lodged at Police Station Nigoha, District Lucknow, shall remain stayed.

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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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A482 No. 7353 of 2025

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3

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The applicants are directed to produce the original compromise deed dated 21.08.2025 before the learned trial Court.

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Office is directed to return the original compromise deed, if any, to the applicants within a week.

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(Shree Prakash Singh,J.)

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September 2, 2025

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MVS/-

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Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench

Vipin Kumar and Another v. the State of U.P. Thru. Its Prin. Secy. Home Lko. and Another

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Vipin Kumar and Another v. the State of U.P. Thru. Its Prin. Secy. Home Lko. and Another

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