MOHIT BAJPAI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO AND 3 OTHERS
CRLP/2435/2025 · 2025-04-09
Ram Manohar Narayan Mishra, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129814 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129814 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:20007-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 2435 of 2025 Petitioner :- Mohit Bajpai And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And 3 Others Counsel for Petitioner :- Irshad Ali,Syed Suleman Abbas Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. Heard learned counsel for the petitioners, learned A.G.A. for the State-opposite parties no.1 to 3 and Sri Syed Husain Abbas,
learned counsel for opposite party no.4.
2. By means of this writ petition, the petitioners have sought quashing of the F.I.R. dated 20.12.2024 bearing Case Crime No.0277 of 2024, under Sections 308(2),351(2),352,115(2) of Bhartiya Nyay Sanhita, 2023, Police Station Talkatora, District Lucknow.
3. On 27.03.2025, parties were directed to appear before the Senior Registrar for verification of compromise.
4. The Senior Registrar of this Court has verified the compromise on 02.04.2025. The original compromise is on record which has been annexed as Annexure-CA-1 to the short counter affidavit filed on 26.03.2025.
5. According to the terms of the compromise, parties have decided to withdraw all the cases filed by them against each other including F.I.R. dated 20.12.2024 bearing Case Crime No.0277 of 2024, under Sections 308(2),351(2),352,115(2) of Bhartiya Nyay Sanhita, 2023, Police Station Talkatora, District Lucknow.
6. Learned counsel for the parties state that terms of the compromise have been read and understood and now there is no dispute between the parties.
7. 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.
8. 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.
9. The writ petition is, accordingly, allowed.
10. The Senior Registrar of this Court shall communicate this
order to the court concerned for correcting its record, accordingly.
11. Learned AGA shall communicate this order to the investigating officer. (Ram Manohar Narayan Mishra,J.) (Vivek Chaudhary,J.)
Order Date :- 9.4.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench