SURESH KUMAR PANDEY AND 4 OTHERS v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 8 OTHERS
CRLP/2373/2025 · 2025-04-16
Brij Raj Singh, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129421 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129421 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:21467-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 2373 of 2025 Petitioner :- Suresh Kumar Pandey And 4 Others Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 8 Others Counsel for Petitioner :- Paritosh Shukla,Sukh Deo Singh Counsel for Respondent :- G.A.,Santosh Kumar Tripathi Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the parties. By means of this writ petition, the petitioners have sought quashing of the First Information Report dated 10.06.2024 bearing Case Crime No.0100 of 2024, under Sections 506,504,308,307,323,149,148,147 I.P.C., Police Station Dileeppur, District Pratapgarh. On 21.03.2025, parties were directed to appear before the Senior Registrar on 26.03.2025 for verification of compromise. The report of the Senior Registrar of this Court dated 26.03.2025 is on record, according to which, he has verified the compromise on 26.03.2025. The original deed of compromise is on record which has been annexed as Annexure-3 to the writ petition. According to the terms of compromise, parties have decided to withdraw all the cases filed by them against each other including First Information Report dated 10.06.2024 bearing Case Crime No.0100 of 2024, under Sections 506,504,308,307,323,149,148,147 I.P.C., Police Station Dileeppur, District Pratapgarh.
Learned counsel for the parties state that the dispute under the said compromise is between the real brothers. This Court had granted stay order on 21.03.2025 finding that Section 307 I.P.C. has been wrongly invoked against the petitioners. The said dispute now stands settled between the parties.
Intent is clear, the informant - Rekha Dubey @ Rekha Pandey, who is a signatory to the compromise, does not want to press the F.I.R., 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 F.I.R., 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 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 A.G.A. shall communicate this order to the investigating officer. (Brij Raj Singh ,J.) (Vivek Chaudhary, J.)
Order Date :- 16.4.2025 Arjun/- Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench