[Cites 3, Cited by 0]
Allahabad High Court
Lalan Kumar And Another vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 31 March, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2026:AHC-LKO:22539
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 482 No. - 2591 of 2026
Lalan Kumar And Another
.....Applicant(s)
Versus
State Of U.P. Thru. Prin. Secy. Home Lko. And Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Ashok Kumar Singh Tomar
Counsel for Opposite Party(s)
:
G.A., Deepali Yadav
Court No. - 16
HON'BLE SHREE PRAKASH SINGH, J. Vakalatnama on behalf of the opposite party no.2 filed today by Ms. Deepali Yadav, learned counsel is taken on record.
Heard learned counsel for the applicants, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the record.
The instant application under Section 482 Cr.P.C. has been filed for cancelling the impugned summoning order against the applicants dated- 22-08-2015 passed by the Learned Chief Judicial Magistrate Lucknow, and quashing the proceeding based on compromise deed between applicants and opposite party no.2 (complainant), in charge sheet no-01, case no-41409/2015, case crime no-354/2013, under section-323, 504, 506, 342 I.P.C Police Station- Gomtinagar District- Lucknow (State vs Lalan kumar and others).
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 20.3.2026, which has been annexed as annexure no.5 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.
On the other hand, learned counsel appearing for the opposite 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.
Learned A.G.A. appearing for the State has no objection to the contentions aforesaid.
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.
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.
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.
For a period of three months, the proceedings in Case No-41409/2015, (State vs Lalan kumar and others) arising out of Case Crime No-354/2013, under section-323, 504, 506, 342 I.P.C Police Station- Gomtinagar District- Lucknow, shall remain stayed so far as applicants are concerned.
The 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.
(Shree Prakash Singh,J.)
March 31, 2026
Ram Murti
