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2025 DAILYLAW 123605 (ALL)

AKASH CHANDEL AND 2 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND 4 OTHERS

CRLP/1335/2025 · 2025-02-14

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10037-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 1335 of 2025 Petitioner :- Akash Chandel And 2 Others Respondent :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And 4 Others Counsel for Petitioner :- Krishna Kumar Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioners, learned A.G.A. appearing on behalf of opposite parties no.1 to 3. This petition has been filed with the following prayers :- i. Issue a writ, order or direction in the nature of Certiorari for quashing the impugned First Information Report dated 23.04.2018 registered at 20:52 hours at police station – Kotwali City, District – Hardoi vide FIR No.0249/2018 under section 420 IPC (contained as Annexure No.1) on the basis of compromise deed dated 11.09.2024, in the interest of justice.” Shri Rahul Singh Rana, Advocate has filed his power on behalf of complainant which is taken on record. It is the case of the petitioner that a compromise has occurred between the petitioner and complainant. Learned A.G.A. has objected to the writ petition having been filed alleging that an earlier writ petition has been filed by the writ petitioners as Criminal Misc Writ Petition No.20999 of 2018 where the petitioner no.2 in this writ petition was arrayed as petitioner no.1. The said writ petition was disposed of by giving the benefit of the judgment rendered in the case of Arnesh Kunar Vs. State of Bihar, reported in (2014) 8 SCC 273 and such fact has not been disclosed in this writ petition. The present writ petition is dismissed as not maintainable in view of the law settled by full bench of this Court in the case of Surya Deo Mishra vs. State of U.P. 2006 (1)ADJ 467 (Alld FB). Office is directed to return the original compromise after retaining the photocopy of the same on record. Order Date :- 14.2.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench