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2025 DAILYLAW 131855 (ALL)

GIRJA SHANKAR TIWARI AND 4 OTHERS v. STATE OF U.P. THRU. ADDL. PRIN. SECY. DEPTT. OF HOME LKO. AND 4 OTHERS

A482/2875/2025 · 2025-08-28

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 2875 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants, Sri Dileep Kumar Tiwari, leaned counsel or opposite parties nos. 3, 4 and 5 and learned AGA for the State as well as perused the material placed on record. By means of instant application, the applicants have prayed for quashing of the chargesheet No. A-1/2023, dated 30.06.2023 filed in Case Crime No. 93 of 2024, under Sections 147, 504, 308, 452, 323, 506, 325 IPC; State Vs. Girja Shankar Tiwari and others, Police Station Bandhuakalan, District Sultanpur, on the basis of compromise dated 17.03.2025. Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in the instant mater. He added that due to certain misunderstanding, the instant FIR was lodged against the applicants. He added that later on, the parties sat together and have amicably settled their disputes, which has been reduced in writing on 17.03.2025 which has been annexed as Annexure No.SA-2 to the supplementary affidavit dated 22.04.2025. Thereafter, this Court vide order dated 04.04.2025 directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 15.04.2025. 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 applicants may be quashed. Learned counsel appearing for opposite parties nos. 3, 4 and 5 have also supported the version of the learned counsel for the applicants and submits that parties have amicably settled their dispute and opposite parties nos. 3, 4 and 5 have no grievance, hence, criminal proceedings against the applicants Versus Counsel for Applicant(s) : Dinesh Kumar Ojha Counsel for Opposite Party(s) : G.A., Dileep Kumar Tiwari Girja Shankar Tiwari And 4 Others .....Applicant(s) State Of U.P. Thru. Addl. Prin. Secy. Deptt. Of Home Lko. And 4 Others .....Opposite Party(s) 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 17.03.2025 and said compromise has been verified on 15.04.2025 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 parties have entered into compromise on 17.03.2025 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 Crime No. 93 of 2024, under Sections 147, 504, 308, 452, 323, 506, 325 IPC; State Vs. Girja Shankar Tiwari and others, Police Station Bandhuakalan, District Sultanpur, are hereby quashed. The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly. August 28, 2025 kkv/ A482 No. 2875 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench