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2025 DAILYLAW 131408 (ALL)

VASHISHTHA MISHRA @ RINKU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/2809/2025 · 2025-04-07

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19392 Court No. - 29 Case :- APPLICATION U/S 482 No. - 2809 of 2025 Applicant :- Vashishtha Mishra @ Rinku Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Avnish Kumar Tiwari Counsel for Opposite Party :- G.A.,Bisunbablu Mishra Hon'ble Shree Prakash Singh,J. Sri B.B. Mishra, Advocate has put in appearance and filed Vakalatnama on behalf of opposite party no. 2, which is taken on record. Heard learned counsel for the applicant, learned AGA for the State and Sri B.B. Mishra, learned counsel appearing for opposite party no. 2 as well as perused the material placed on record. By means of the instant application filed under Section 482 Cr.P.C., the applicants have prayed for quashing of the entire proceedings of Case No. 256 of 2011, under Sections 452, 324, 323, 504, 506, 392 IPC, Police Station Sursa, District Hardoi; in re; State Vs. Surya Prasad Mishra and another, pending before learned Additional Chief Judicial Magistrate-4th, Hardoi, on the basis of compromise dated 08.02.2025. Learned counsel for the applicants submits that due to certain misunderstanding, the instant FIR was lodged against the applicant. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing. Thereafter, the applicant filed an Application U/s 482 No. 1428 of 2025, wherein this Court vide order dated 14.02.2025 had directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 01.03.2025. He submits that now there is no dispute in between the parties and they have settled their dispute. He submits that further criminal proceedings in the instant matter would amount to harassment and, thus, the instant criminal proceedings against the applicant may be quashed. Learned counsel appearing for opposite party no. 2 has also supported the version of the learned counsel for the applicant and submits that parties have amicably settled their dispute and the opposite party no. 2 has no grievance, hence, criminal proceedings against the applicant may be dropped. Learned counsel for the State has no objection to the submissions aforesaid. Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 08.02.2025 and said compromise has been verified on 01.03.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings against the applicant. In view of the above, as the applicant and opposite party no. 2 have entered into compromise on 08.02.2025 and no grievance remains to be agitated and as such, further criminal proceedings in the aforementioned criminal case are liable to be set aside in view of the Judgments of the Apex Court rendered in B.S. Joshi and others Vs. State of Haryana and another (2003) 4 SCC 675; Nikhil Merchant Vs. Central Bureau of Investigation (2008) 9 SCC 677; Manoj Sharma Vs. State and others, (2008) 16 SCC 1; Gian Singh Vs. State of Punjab (2012) 10 SCC 303; and Narindra Singh and others Vs. State of Punjab (2014) 6 SCC 466. Resultantly, the proceedings of Case No. 256 of 2011, under Sections 452, 324, 323, 504, 506, 392 IPC, Police Station Sursa, District Hardoi; in re; State Vs. Surya Prasad Mishra and another, pending before learned Additional Chief Judicial Magistrate-4th, Hardoi, are hereby quashed. The compromise shall be part of this order. Consequences to be followed. The application is allowed accordingly. Order Date :- 7.4.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench