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2025 DAILYLAW 136214 (ALL)

KHATOON NISHA AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

/3904/2025 · 2025-08-13

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47517 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3904 of 2025 Applicant :- Khatoon Nisha And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Vikrant Prakash Counsel for Opposite Party :- G.A.,Km. Deepa,Manjari Singh Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, Ms. Manjari Singh, 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 Criminal Case No. 42 of 2013: State Vs. Khatoon Nisha, arising out of FIR No. 197 of 2011, under Sections 420, 467, 468, 471 IPC, Police Station Khodare, District Gonda, pending in the court of CJM, Gonda, on the basis of compromise dated 11.02.2025. 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. Thereafter, the applicants filed an Application U/s 482 No. 1507 of 2025, wherein this Court vide order dated 24.02.2025 had directed the court below to verify the said compromise deed and in compliance thereof, the compromise deed was verified on 19.03.2025. 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 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 11.02.2025 and said compromise has been verified on 19.03.2025 and, now, as per the statement of learned counsel for the parties, they do not want to press the aforementioned criminal proceedings against the applicants. In view of the above, as the applicants and opposite parties have entered into compromise on 11.02.2025 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 Criminal Case No. 42 of 2013: State Vs. Khatoon Nisha, arising out of FIR No. 197 of 2011, under Sections 420, 467, 468, 471 IPC, Police Station Khodare, District Gonda, are hereby quashed. The compromise deed shall be part of this order. Consequences to be followed. The application is allowed accordingly. Order Date :- 13.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench