✦ High Court of India · 06 Mar 2025

High Court · 2025

Case Details High Court of India · 06 Mar 2025
Court
High Court of India
Decided
06 Mar 2025
Bench
Not available
Length
1,089 words

Acts & Sections

1. With the consent of the parties, both the application(s) are being disposed of by means of this common order.

2. Heard learned counsel for the parties and perused the records.

3. APPLICATION U/S 482 No. 1911 of 2025 has been filed seeking following main relief :- "to quash the impugned criminal proceeding in Session Trial no. 980/2016, arising out of case crime no. 251/2015, FIR No.0212/2015, U/s 147, 148, 149, 307, 452 I.P.C., at P.S- Madiyaon, District Lucknow, may kindly be decided in terms of compromise, between the O.P. no. 2 and 3 and the Petitioners they have entered into compromise and they have settled their dispute outside the court as such, they do not want to contest the case further. Annexed as Annexure No.3."

4. APPLICATION U/S 482 No. 2092 of 2025 has been filed seeking following main relief :- "to quash the entire proceedings of S.T No. 461 of 2017, arising out of Case Crime No.: 256 of 2015, State V/s Chintamani Pandey and Another, Under- Section 147,148,149,307,452 and 506 Indian. Penal. Code., Police Station: Madiaon, District: Lucknow., Pending in the court of ADJ-6, District: Lucknow., and also stay the operation and implementation of the impugned Cognizance order and Summoning Order issued dated 18.08.2015 passed against the petitioners, by the Learned ADJ-6-th, District- Lucknow as Contained in Annexure No. 1 to this Petition, during the pendency of the petition, in the interest of Law and Justice."

5. It is stated that the applicant nos. 1 to 3 namely Sanket Verma @ Anil Verma, Prateek Verma, Rohit Verma and the opposite party no. 2 and 3 namely Smt. Sheela Pandey and Kaushal Pandey in APPLICATION U/S 482 No. 1911 of 2025 as also the applicant nos. 1 and 2 namely Chintamani Pandey S/o Daya Ram Pandey and Kuldeep Rawat @ Kuldeep S/o Chet Ram Rawat and private-opposite parties no. 2 and 3 namely Smt. Prabhawati Devi @ Smt. Prabhawati Verma and Prateek Verma in APPLICATION U/S 482 No. 2092 of 2025 were/are neighbours as these persons were/are resident of Preetinagar, Dudauli, Sitapur Road, Madiaon, District - Lucknow and this fact is evident from the FIR registered as Case Crime No. 251 of 2015, under Sections 147, 148, 149, 307, 308, 452 and 506 IPC lodged on 18.05.2015 by the opposite party no. 1 in APPLICATION U/S 482 No. 1911 of 2025 as also from the FIR registered as Case Crime No. 256 of 2015, under Sections 147, 148, 149, 307, 452 and 506 IPC lodged on 22.05.2015 by opposite party no. 2 in APPLICATION U/S 482 No. - 2092 of 2025 on 08.08.2015 at Police Station: Madiaon, District: Lucknow.

6. It is further stated that in fact on account of trivial/petty dispute between the parties both the side lodged the FIR against each other which were registered as Case Crime No. 251 of 2015 and Case Crime No. 256 of 2015.

7. It is further stated that injury report of the injured Kaushal Pandey in Case Crime No. 251 of 2015, annexed as Annexure No. 5 to the APPLICATION U/S 482 No. - 1911 of 2025 indicates that this injured sustained multiple laceration over head but this injury was not fatal and could be caused in altercation between the parties.

8. It is also stated that a perusal of the injury report of the injured Prateek Verma in Case Crime No. 256 of 2015, annexed as Annexure No. 4 to the APPLICATION U/S 482 No. - 2092 of 2025 would show that all the injuries are simple in nature and could be caused by the hard and blunt object.

9. It is stated that during the pendency of the criminal cases in issue both the parties, who are neighbours have settled their dispute outside the Court and have entered into a compromise. In APPLICATION U/S 482 No. 1911 of 2025, the compromise deed, duly signed by the parties, is annexed as Annexure No. 5 and in APPLICATION U/S 482 No. 2092 of 2025, the same is annexed as Annexure No. 5. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings in issue are liable to be quashed.

10. It is also stated that presently parties are living peacefully in the vicinity and they are in cordial relations.

11. 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 Court.

12. Considering the aforesaid, these applications are disposed of finally in following terms:- (i) The parties to the proceedings in issue shall appear and file the compromise before the concerned Court within four week's from today. (ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record. (iii) The concerned Court shall conclude the process of verification of compromise within two week's from the date of production of copy of this order. (iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed. (v) It shall be open to the applicant(s) to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise to the counsel for the applicant(s), after retaining its photocopy on record. It is for the purposes for its verification by the concerned Court. (vii) For a period of eight weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case. Order Date :- 6.3.2025/Mohit Singh/-E-Court MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

1. With the consent of the parties, both the application(s) are being disposed of by means of this common order.

2. Heard learned counsel for the parties and perused the records.

3. APPLICATION U/S 482 No. 1911 of 2025 has been filed seeking following main relief :- "to quash the impugned criminal proceeding in Session Trial no. 980/2016, arising out of case crime no. 251/2015, FIR No.0212/2015, U/s 147, 148, 149, 307, 452 I.P.C., at P.S- Madiyaon, District Lucknow, may kindly be decided in terms of compromise, between the O.P. no. 2 and 3 and the Petitioners they have entered into compromise and they have settled their dispute outside the court as such, they do not want to contest the case further. Annexed as Annexure No.3."

4. APPLICATION U/S 482 No. 2092 of 2025 has been filed seeking following main relief :- "to quash the entire proceedings of S.T No. 461 of 2017, arising out of Case Crime No.: 256 of 2015, State V/s Chintamani Pandey and Another, Under- Section 147,148,149,307,452 and 506 Indian. Penal. Code., Police Station: Madiaon, District: Lucknow., Pending in the court of ADJ-6, District: Lucknow., and also stay the operation and implementation of the impugned Cognizance order and Summoning Order issued dated 18.08.2015 passed against the petitioners, by the Learned ADJ-6-th, District- Lucknow as Contained in Annexure No. 1 to this Petition, during the pendency of the petition, in the interest of Law and Justice."

5. It is stated that the applicant nos. 1 to 3 namely Sanket Verma @ Anil Verma, Prateek Verma, Rohit Verma and the opposite party no. 2 and 3 namely Smt. Sheela Pandey and Kaushal Pandey in APPLICATION U/S 482 No. 1911 of 2025 as also the applicant nos. 1 and 2 namely Chintamani Pandey S/o Daya Ram Pandey and Kuldeep Rawat @ Kuldeep S/o Chet Ram Rawat and private-opposite parties no. 2 and 3 namely Smt. Prabhawati Devi @ Smt. Prabhawati Verma and Prateek Verma in APPLICATION U/S 482 No. 2092 of 2025 were/are neighbours as these persons were/are resident of Preetinagar, Dudauli, Sitapur Road, Madiaon, District - Lucknow and this fact is evident from the FIR registered as Case Crime No. 251 of 2015, under Sections 147, 148, 149, 307, 308, 452 and 506 IPC lodged on 18.05.2015 by the opposite party no. 1 in APPLICATION U/S 482 No. 1911 of 2025 as also from the FIR registered as Case Crime No. 256 of 2015, under Sections 147, 148, 149, 307, 452 and 506 IPC lodged on 22.05.2015 by opposite party no. 2 in APPLICATION U/S 482 No. - 2092 of 2025 on 08.08.2015 at Police Station: Madiaon, District: Lucknow.

6. It is further stated that in fact on account of trivial/petty dispute between the parties both the side lodged the FIR against each other which were registered as Case Crime No. 251 of 2015 and Case Crime No. 256 of 2015.

7. It is further stated that injury report of the injured Kaushal Pandey in Case Crime No. 251 of 2015, annexed as Annexure No. 5 to the APPLICATION U/S 482 No. - 1911 of 2025 indicates that this injured sustained multiple laceration over head but this injury was not fatal and could be caused in altercation between the parties.

8. It is also stated that a perusal of the injury report of the injured Prateek Verma in Case Crime No. 256 of 2015, annexed as Annexure No. 4 to the APPLICATION U/S 482 No. - 2092 of 2025 would show that all the injuries are simple in nature and could be caused by the hard and blunt object.

9. It is stated that during the pendency of the criminal cases in issue both the parties, who are neighbours have settled their dispute outside the Court and have entered into a compromise. In APPLICATION U/S 482 No. 1911 of 2025, the compromise deed, duly signed by the parties, is annexed as Annexure No. 5 and in APPLICATION U/S 482 No. 2092 of 2025, the same is annexed as Annexure No. 5. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings in issue are liable to be quashed.

10. It is also stated that presently parties are living peacefully in the vicinity and they are in cordial relations.

11. 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 Court.

12. Considering the aforesaid, these applications are disposed of finally in following terms:- (i) The parties to the proceedings in issue shall appear and file the compromise before the concerned Court within four week's from today. (ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record. (iii) The concerned Court shall conclude the process of verification of compromise within two week's from the date of production of copy of this order. (iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed. (v) It shall be open to the applicant(s) to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise to the counsel for the applicant(s), after retaining its photocopy on record. It is for the purposes for its verification by the concerned Court. (vii) For a period of eight weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case. Order Date :- 6.3.2025/Mohit Singh/-E-Court MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

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