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2025 DAILYLAW 124202 (ALL)

KETAN RASTOGI AND OTHERS v. STATE OF U.P. THRU. SECY. MINISTRY OF HOME AFFAIRS CIVIL SECRT. LKO. AND OTHERS

/1314/2024 · 2025-01-09

Om Prakash Shukla, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1914-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1314 of 2024 Petitioner :- Ketan Rastogi And Others Respondent :- State Of U.P. Thru. Secy. Ministry Of Home Affairs Civil Secrt. Lko. And Others Counsel for Petitioner :- Mohd. Ghayasuddin Khan,Lav Singh,Mohd. Ghayasuddin Khan,Shyam Narain Mishra Counsel for Respondent :- G.A.,Manish Soni Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J. Supplementary Affidavit filed today is taken on record. Heard learned counsel for the parties and perused the record. In the supplementary affidavit filed today, the petitioners have specifically stated that the Suit No. 225 of 2022, under Section 340 Cr.P.C. filed before the family court was dismissed for want of prosecution on 09.08.2024. The plaintiff has not filed any recall application to get the said order dated 09.08.2024 recalled nor the same would be recalled. Learned counsel for the parties also state that the parties have settled their dispute amicably and submitted their deed of compromise which is on record as Annexure No. 2 to the writ petition. The report of the Senior Registrar of this Court dated 13.12.2024 is on record, according to which he has verified the compromise on 13.12.2024. According to the terms of the compromise, parties have decided to withdraw all the cases filed by them against each other including First Information Report dated 09.04.2021 bearing Case Crime No.0216 of 2021, under Sections 323,504,506,392,354 I.P.C., Police Station Thakurganj, District Lucknow. Intent is clear, the informant - Smt. Mohini Verma, who is a signatory to the compromise, does not want to press the FIR, therefore, no purpose would be served in allowing the proceedings even if charge sheet has been filed before the court below to go on considering the nature of the dispute. Accordingly, the impugned FIR, which is the basis to serve consequential proceedings of investigation and thereafter filing of charge sheet, if any, is hereby quashed. Consequently, all proceedings taken consequent to the lodging of the FIR including charge sheet, if any, filed before the court below stand quashed. The writ petition is, accordingly, allowed. The Senior Registrar of this Court shall communicate this order to the court concerned for correcting its record, accordingly. Learned AGA shall communicate this order to the investigating officer. (Om Prakash Shukla, J.) (Vivek Chaudhary,J.) Order Date :- 9.1.2025 Arjun/- Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench