ASHISH SINGH AND ANOTHER v. STATE OF U.P. THRU. THE PRIN. SECY. HOME U.P. LKO. AND ANOTHER
A482/3454/2025 · 2025-08-18
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135770 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135770 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48305
Court No. - 14 Case :- APPLICATION U/S 482 No. - 3454 of 2025 Applicant :- Ashish Singh And Another Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Shishir Pradhan Counsel for Opposite Party :- G.A.,Manish Kumar Gupta Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants,learned A.G.A. for the State, Sri Manish Kumar Gupta,
learned counsel for the opposite party no. 2 and perused the record. By means of the instant application, the applicants have prayed to set aside/quash the impugned chargesheet dated 24-02-2006 and 08-06-2006 and the summoning order dated 25-02-2006 and 01-07-2006 in Case Crime No. 327/2005, under sections 147,148,149,307,323 & 506 of I.P.C., Police Station- Kotwali, District-Raebareli.
Learned counsel appearing for the applicants submits that due to some misunderstanding the instant FIR was lodged and thereafter, the parties sat together and they have settled their dispute and that too, has been reduced in writing as a compromise deed dated 10.04.2005. Adding his
arguments, he submits that now the parties have put their all disputes at rest by way of executing compromise deed and thus further criminal proceedings against the present applicants would be a futile exercise and amount to harassment of the applicants. Adding his arguments, he also submits that this Hon'ble Court vide order dated 25.04.2025 has referred the matter for compromise verification in
Application U/S 482 Cr.P.C. No. 3454 of 2025 and in compliance of the aforesaid order, both the parties have appeared before the court below and the compromise deed dated 10.04.2025 has been verified in presence of all concerned parties and the order of verification was passed on 19.05.2025 by the learned Sessions Judge, Raebareli. He next added that now the matter has been compromised in between the parties, and as such the proceedings arising out of Case Crime No. 327 of 2005, under sections 147,148,149,307,323 & 506 of I.P.C., Police Station- Kotwali, District-Raebareli, may be quashed. On the other hand, learned counsel for the opposite party no.2 has also supported the version of the applicants and submits that the parties have entered into compromise deed and now there is no dispute in between the parties and thus the criminal proceeding against the applicant may be dropped. On the other hand, learned AGA appearing for the State has no objection to the contentions aforesaid. Considering the aforesaid submissions of the
learned counsel for the parties, I find that compromise has been entered into between the parties on 10.04.2025 and said compromise has been verified on 19.05.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned case, arising out of aforementioned Case Crime No. 327 of 2005. In view of the above, as the applicants and opposite parties have entered into compromise on 10.04.2025 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. Resultantly, the proceedings arising out of Case Crime No. 327 of 2005, under sections 147,148,149,307,323 & 506 of I.P.C., Police Station- Kotwali, District-Raebareli,,are hereby quashed. The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly.
Order Date :- 18.8.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench