SUBHASH YADAV AND 8 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/3044/2025 · 2025-09-04
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132994 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132994 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 3044 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the record. 2. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following prayer:-
"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings arising out of impugned Charge sheet bearing No.1/2019, dated 19.01.2019 filed in Case No.14345/2021 (State Vs. Subhash & others) Case Crime No.547/2028, Under Section-147, 323, 336, 427, 504 & 506 I.P.C. Police Station-Malihabad, District-Lucknow and summoning order dated 28.01.2021 passed by the learned Special Chief Judicial Magistrate, Lucknow, as contained in Annexure No. 1 & 2 to this Application and further proceedings arising out from the same."
3. The learned counsel for the applicants submits that due to certain misunderstanding, the instant FIR was lodged against the applicants and thereafter the parties sat together and has amicably settled their dispute which has been reduced in writing on
08.03.2025. He added that thereafter the applicants filed the instant application for direction to the trial Court to verify the Versus Counsel for Applicant(s) : Vineet Kumar Chaurasia Counsel for Opposite Party(s) : G.A., Ankur Yadav Subhash Yadav And 8 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s)
compromise deed and in compliance of the order dated 09.04.2025, the verification was done and report has been submitted to this Court vide order dated 26.04.2025. He submits that further criminal proceeding in the instant matter would amount to harassment and thus the instant criminal proceeding arising out of F.I.R./ Case Crime No.0023 of 2023 may be quashed. 4. Learned counsel for the opposite party no.2 has also supported the contention of the learned counsel for the applicants and submits that parties have amicable settled their dispute and the opposite party no. 2 has no grievance, hence, criminal proceedings against the applicants may be dropped. 5. Learned counsel for the State has no objection to the contention aforesaid. 6.
Considering the aforesaid submissions of the learned counsel for the parties, I find that compromise has been entered into between the parties on 08.03.2025 and said compromise has been verified on 26.04.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal case relating to F.I.R./ Case Crime No.0023 of 2023. 7. In view of the above, as the applicants and opposite parties have entered into compromise on 08.03.2025 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 Judgements 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. 8. Accordingly, the criminal proceeding of Case No.14345 of 2021 (State Vs. Subhash & others), arising out of Case Crime No.547 of A482 No. 3044 of 2025 2
2028, under Sections 147, 323, 336, 427, 504 & 506 I.P.C., Police Station Malihabad, District Lucknow, is hereby quashed. 9. The compromise shall be part of this order. 10. The application is allowed accordingly. 11. Consigned to record. September 4, 2025 Mohd. Sharif A482 No. 3044 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench