MUNNA KASHYAP AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS
CRLP/2065/2025 · 2025-04-10
Ram Manohar Narayan Mishra, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 127823 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127823 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:20415-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 2065 of 2025 Petitioner :- Munna Kashyap And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Sunil Kumar Counsel for Respondent :- G.A.,Mahesh Kumar Sharma Hon'ble Vivek Chaudhary,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. Counter affidavit filed today by the State is taken on record. A supplementary affidavit filed today by learned counsel for the petitioners is also taken on record.
2. Heard learned counsel for the petitioners, learned A.G.A. for the State and Sri Mahesh Kumar Sharma, learned counsel for opposite party no.7.
3. By means of this writ petition, the petitioners have sought quashing of the First Information Report dated 24.8.2023 bearing Case Crime No.0250 of 2023, under Sections 363, 366, 376 I.P.C. and Sections 5/6 of Protection of Children from Sexual Offences Act, 2012 (POCSO Act), Police Station Dubagga, District Lucknow.
4. Learned counsel for the petitioners submits that petitioner no.1 and opposite party no.7 have married with each other and also got their marriage registered. The marriage registration certificate has been filed as Annexure-SA-1 to the supplementary affidavit filed today. On 27.3.2025, parties were
directed to appear before the Senior Registrar for verification of compromise.
5. The report of the Senior Registrar of this Court dated 3.4.2025 is on record, according to which, he has verified the compromise on 3.4.2025. The original compromise is on record which has been annexed as Annexure-SA-1 to the supplementary affidavit dated 21.3.2025.
6. 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 24.8.2023 bearing Case Crime No.0250 of 2023, under Sections 363, 366, 376 I.P.C. and Sections 5/6 of Protection of Children from
Sexual Offences Act, 2012 (POCSO Act), Police Station Dubagga, District Lucknow.
7. Learned counsel for the parties state that the dispute under the said compromise is already settled between the parties.
8. Intent is clear, the informant, 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.
9. 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.
10. The writ petition is, accordingly, allowed. However, in case petitioner no.1-husband in any manner violates the terms of the compromise, it shall be open for opposite party no.7 to file an application for recall of the order.
11. The Senior Registrar of this Court shall communicate this
order to the court concerned for correcting its record, accordingly.
12. Learned AGA shall communicate this order to the investigating officer. . [Ram Manohar Narayan Mishra,J.] [Vivek Chaudhary,J.]
Order Date :- 10.4.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench