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2025 DAILYLAW 132451 (ALL)

ADIL AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER

A482/3082/2025 · 2025-09-01

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 3082 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicants, Sri Bare Lal Bhartiya, learned counsel for opposite party no. 2 and learned AGA for the State as well as perused the material placed on record. By means of the instant application, the applicants have prayed for quashing of the entire proceedings of Case No.2479 of 2018; State of U.P. Vs. Adil and others, arising out of Case Crime No. 459 of 2017, under Sections 147, 148, 452, 323, 504, 506, 427 IPC, Police Station Kotwali Nagar, District Sultanpur, on the basis of compromise dated 29.03.2025. Learned counsel for the applicants submits 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 29.03.2025. Thereafter, this Court vide order dated 19.05.2025 had directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 31.05.2025. 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 Versus Counsel for Applicant(s) : Pintoo Counsel for Opposite Party(s) : G.A., Bare Lal Bhartiya Adil And 2 Others .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another .....Opposite Party(s) applicants may be quashed. Learned counsel appearing for opposite party no. 2 has also supported the version of the learned counsel for the applicants and submits that parties have amicably settled their dispute and the opposite party no. 2 has no grievance, hence, criminal proceedings against the applicants 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 29.03.2025 and said compromise has been verified on 31.05.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings against the applicants. In view of the above, as the applicants and opposite party no. 2 have entered into compromise on 29.03.2025 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 No. 2479 of 2018; State of U.P. Vs. Adil and others, arising out of Case Crime No. 459 of 2017, under Sections 147, 148, 452, 323, 504, 506, 427 IPC, Police Station Kotwali Nagar, District Sultanpur, are hereby quashed. The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly. September 1, 2025 kkv/ A482 No. 3082 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench